{"id":"qld:act-2011-031","name":"Waste Reduction and Recycling Act 2011","slug":"waste-reduction-and-recycling-act-2011","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"31 of 2011","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29798,"registerId":"qld-act-2011-031-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"ch.1-pt.1","sectionType":"part","heading":"Introduction","content":"# Introduction","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Waste Reduction and Recycling Act 2011 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThe following provisions commence on 1 December 2011—\nchapter 3 , parts 3 , 4 and 7\nsections 63 and 65\nchapters 5, 6, 7 and 8\nchapter 15 , part 1\nsections 300 and 301\nchapter 16 , parts 1 , 2 and 3 .\nChapter 16 , parts 4 to 7 commence on a day to be fixed by proclamation.\n(sec.2-ssec.1) The following provisions commence on 1 December 2011— chapter 3 , parts 3 , 4 and 7 sections 63 and 65 chapters 5, 6, 7 and 8 chapter 15 , part 1 sections 300 and 301 chapter 16 , parts 1 , 2 and 3 .\n(sec.2-ssec.2) Chapter 16 , parts 4 to 7 commence on a day to be fixed by proclamation.\n- • chapter 3 , parts 3 , 4 and 7\n- • sections 63 and 65\n- • chapters 5, 6, 7 and 8\n- • chapter 15 , part 1\n- • sections 300 and 301\n- • chapter 16 , parts 1 , 2 and 3 .","sortOrder":2},{"sectionNumber":"ch.1-pt.2","sectionType":"part","heading":"Objects, applicable principles and application of Act","content":"# Objects, applicable principles and application of Act","sortOrder":3},{"sectionNumber":"sec.3","sectionType":"section","heading":"Objects of Act","content":"### sec.3 Objects of Act\n\nThe objects of this Act are the following—\nto promote waste avoidance and reduction, and resource recovery and efficiency actions;\nto promote and facilitate Queensland’s transition to a circular economy;\nto promote activities across government, business, industry and the community that extend the life cycle of products and materials;\nto reduce the consumption of natural resources and minimise the disposal of waste by encouraging waste avoidance and the recovery, re-use and recycling of waste;\nto minimise the overall impact of waste generation and disposal;\nto ensure a shared responsibility between government, business and industry and the community in waste management and resource recovery;\nto support and implement national frameworks, objectives and priorities for waste management and resource recovery.\ns 3 amd 2023 No. 15 s 7\n- (a) to promote waste avoidance and reduction, and resource recovery and efficiency actions;\n- (b) to promote and facilitate Queensland’s transition to a circular economy;\n- (c) to promote activities across government, business, industry and the community that extend the life cycle of products and materials;\n- (d) to reduce the consumption of natural resources and minimise the disposal of waste by encouraging waste avoidance and the recovery, re-use and recycling of waste;\n- (e) to minimise the overall impact of waste generation and disposal;\n- (f) to ensure a shared responsibility between government, business and industry and the community in waste management and resource recovery;\n- (g) to support and implement national frameworks, objectives and priorities for waste management and resource recovery.","sortOrder":4},{"sectionNumber":"sec.4","sectionType":"section","heading":"Achieving Act’s objects","content":"### sec.4 Achieving Act’s objects\n\nIf, under this Act, a function or power is conferred on a person, the person must perform the function or exercise the power in a way that best achieves the objects of this Act.\nWithout limiting subsection (1) , the achievement of the objects of this Act must if practicable be guided by—\nthe waste and resource management hierarchy; and\nthe following policy principles (the waste and resource management principles )—\nthe circular economy principle;\nthe polluter pays principle;\nthe user pays principle;\nthe proximity principle;\nthe product stewardship principle.\ns 4 amd 2023 No. 15 s 8\n(sec.4-ssec.1) If, under this Act, a function or power is conferred on a person, the person must perform the function or exercise the power in a way that best achieves the objects of this Act.\n(sec.4-ssec.2) Without limiting subsection (1) , the achievement of the objects of this Act must if practicable be guided by— the waste and resource management hierarchy; and the following policy principles (the waste and resource management principles )— the circular economy principle; the polluter pays principle; the user pays principle; the proximity principle; the product stewardship principle.\n- (a) the waste and resource management hierarchy; and\n- (b) the following policy principles (the waste and resource management principles )— (i) the circular economy principle; (ii) the polluter pays principle; (iii) the user pays principle; (iv) the proximity principle; (v) the product stewardship principle.\n- (i) the circular economy principle;\n- (ii) the polluter pays principle;\n- (iii) the user pays principle;\n- (iv) the proximity principle;\n- (v) the product stewardship principle.\n- (i) the circular economy principle;\n- (ii) the polluter pays principle;\n- (iii) the user pays principle;\n- (iv) the proximity principle;\n- (v) the product stewardship principle.","sortOrder":5},{"sectionNumber":"sec.5","sectionType":"section","heading":"Approach to achieving Act’s objects","content":"### sec.5 Approach to achieving Act’s objects\n\nThe objects of this Act are intended primarily to be achieved through approaches that include the following—\npreparation, implementation and maintenance of a waste management strategy for the State;\nproviding for the preparation of State, local government and industry strategic waste management plans;\nprice signalling, including through the introduction of a levy on waste delivered to a levyable waste disposal site;\nproviding for reporting requirements for the State, local governments and business and industry;\nbanning particular waste disposal;\nidentifying priority products or priority waste and associated management tools;\npreparation, implementation and maintenance of a priority statement;\nproviding for product stewardship schemes;\nwaste tracking requirements;\nmaking end of waste codes and granting end of waste approvals;\nprohibiting particular conduct in relation to waste;\nappointing authorised persons to investigate matters arising under this Act and otherwise to enforce this Act;\nsupporting approaches mentioned in paragraphs (a) to (l) through the making of regulations under this Act.\ns 5 amd 2013 No. 6 s 19 ; 2014 No. 59 ss 146, 165 ; 2019 No. 2 s 4\n- (a) preparation, implementation and maintenance of a waste management strategy for the State;\n- (b) providing for the preparation of State, local government and industry strategic waste management plans;\n- (c) price signalling, including through the introduction of a levy on waste delivered to a levyable waste disposal site;\n- (d) providing for reporting requirements for the State, local governments and business and industry;\n- (e) banning particular waste disposal;\n- (f) identifying priority products or priority waste and associated management tools;\n- (g) preparation, implementation and maintenance of a priority statement;\n- (h) providing for product stewardship schemes;\n- (i) waste tracking requirements;\n- (j) making end of waste codes and granting end of waste approvals;\n- (k) prohibiting particular conduct in relation to waste;\n- (l) appointing authorised persons to investigate matters arising under this Act and otherwise to enforce this Act;\n- (m) supporting approaches mentioned in paragraphs (a) to (l) through the making of regulations under this Act.","sortOrder":6},{"sectionNumber":"sec.6","sectionType":"section","heading":"Act binds all persons","content":"### sec.6 Act binds all persons\n\nThis Act binds all persons, including the State and, to the extent the legislative power of the Parliament permits, the Commonwealth and the other States.\nHowever, the Commonwealth or a State can not be prosecuted for an offence against this Act.\n(sec.6-ssec.1) This Act binds all persons, including the State and, to the extent the legislative power of the Parliament permits, the Commonwealth and the other States.\n(sec.6-ssec.2) However, the Commonwealth or a State can not be prosecuted for an offence against this Act.","sortOrder":7},{"sectionNumber":"ch.1-pt.3","sectionType":"part","heading":"Interpretation","content":"# Interpretation","sortOrder":8},{"sectionNumber":"ch.1-pt.3-div.1","sectionType":"division","heading":"Dictionary","content":"## Dictionary","sortOrder":9},{"sectionNumber":"sec.7","sectionType":"section","heading":"Definitions","content":"### sec.7 Definitions\n\nThe dictionary in schedule 1 defines particular words used in this Act.\ns 7 amd 2023 No. 6 s 145 sch 1","sortOrder":10},{"sectionNumber":"ch.1-pt.3-div.2","sectionType":"division","heading":"Key concepts and definitions","content":"## Key concepts and definitions","sortOrder":11},{"sectionNumber":"sec.8","sectionType":"section","heading":"The concept of disposal","content":"### sec.8 The concept of disposal\n\nThis Act commonly uses the expression disposal in relation to waste.\nIn practical terms, a primary outcome arising from the implementation of this Act’s provisions is intended to be a reduction in the amount of waste that permanently, or at least indefinitely, effectively becomes incorporated into land, commonly referred to as becoming landfill.\nAccordingly, in this Act, a reference to disposal in relation to waste may ordinarily be taken to mean the depositing of the waste, other than on a temporary or short term basis, into or onto land.\nSubsection (3) does not limit what disposal may be taken to mean in an appropriate context.\n(sec.8-ssec.1) This Act commonly uses the expression disposal in relation to waste.\n(sec.8-ssec.2) In practical terms, a primary outcome arising from the implementation of this Act’s provisions is intended to be a reduction in the amount of waste that permanently, or at least indefinitely, effectively becomes incorporated into land, commonly referred to as becoming landfill.\n(sec.8-ssec.3) Accordingly, in this Act, a reference to disposal in relation to waste may ordinarily be taken to mean the depositing of the waste, other than on a temporary or short term basis, into or onto land.\n(sec.8-ssec.4) Subsection (3) does not limit what disposal may be taken to mean in an appropriate context.","sortOrder":12},{"sectionNumber":"sec.8AA","sectionType":"section","heading":"Meaning of waste","content":"### sec.8AA Meaning of waste\n\nWaste includes any thing that—\nis left over, or is an unwanted by-product, from an industrial, commercial, domestic or other activity; or\nAbandoned or discarded material from an activity is left over, or is an unwanted by-product, from the activity.\nis surplus to the industrial, commercial, domestic or other activity generating the waste.\nHowever, waste does not include—\na resource; or\nSee chapter 8 .\na thing prescribed by regulation not to be waste.\nWaste can be a gas, liquid, solid or energy, or a combination of any of them.\nA thing can be waste whether or not it is of value.\nDespite subsection (2) , a thing that is a resource, or is prescribed by regulation not to be waste, becomes waste if the thing—\nis disposed of at a waste disposal site; or\nis deposited at a place in a way that—\nwould, if the thing were waste, contravene the general littering provision or the illegal dumping of waste provision; or\nif the thing is a resource—is not permitted under an end of waste code or end of waste approval.\nThe Minister may recommend to the Governor in Council the making of a regulation under subsection (2) (b) (a proposed change ) only after—\ncarrying out consultation with the public about the proposed change; and\nconsidering the following matters—\nthe results of the public consultation about the proposed change;\nwhether making the proposed change is likely to achieve the objects of this Act;\nwhether making the proposed change is likely to achieve the object of the Environmental Protection Act;\nwhether there are other measures that would be more effective in achieving the intended outcome of the proposed change.\nIn this section—\nend of waste approval see section 159 (2) .\nend of waste code see section 159 (1) .\nresource see section 155 (2) .\ns 8AA ins 2023 No. 15 s 9\n(sec.8AA-ssec.1) Waste includes any thing that— is left over, or is an unwanted by-product, from an industrial, commercial, domestic or other activity; or Abandoned or discarded material from an activity is left over, or is an unwanted by-product, from the activity. is surplus to the industrial, commercial, domestic or other activity generating the waste.\n(sec.8AA-ssec.2) However, waste does not include— a resource; or See chapter 8 . a thing prescribed by regulation not to be waste.\n(sec.8AA-ssec.3) Waste can be a gas, liquid, solid or energy, or a combination of any of them.\n(sec.8AA-ssec.4) A thing can be waste whether or not it is of value.\n(sec.8AA-ssec.5) Despite subsection (2) , a thing that is a resource, or is prescribed by regulation not to be waste, becomes waste if the thing— is disposed of at a waste disposal site; or is deposited at a place in a way that— would, if the thing were waste, contravene the general littering provision or the illegal dumping of waste provision; or if the thing is a resource—is not permitted under an end of waste code or end of waste approval.\n(sec.8AA-ssec.6) The Minister may recommend to the Governor in Council the making of a regulation under subsection (2) (b) (a proposed change ) only after— carrying out consultation with the public about the proposed change; and considering the following matters— the results of the public consultation about the proposed change; whether making the proposed change is likely to achieve the objects of this Act; whether making the proposed change is likely to achieve the object of the Environmental Protection Act; whether there are other measures that would be more effective in achieving the intended outcome of the proposed change.\n(sec.8AA-ssec.7) In this section— end of waste approval see section 159 (2) . end of waste code see section 159 (1) . resource see section 155 (2) .\n- (a) is left over, or is an unwanted by-product, from an industrial, commercial, domestic or other activity; or Example— Abandoned or discarded material from an activity is left over, or is an unwanted by-product, from the activity.\n- (b) is surplus to the industrial, commercial, domestic or other activity generating the waste.\n- (a) a resource; or Note— See chapter 8 .\n- (b) a thing prescribed by regulation not to be waste.\n- (a) is disposed of at a waste disposal site; or\n- (b) is deposited at a place in a way that— (i) would, if the thing were waste, contravene the general littering provision or the illegal dumping of waste provision; or (ii) if the thing is a resource—is not permitted under an end of waste code or end of waste approval.\n- (i) would, if the thing were waste, contravene the general littering provision or the illegal dumping of waste provision; or\n- (ii) if the thing is a resource—is not permitted under an end of waste code or end of waste approval.\n- (i) would, if the thing were waste, contravene the general littering provision or the illegal dumping of waste provision; or\n- (ii) if the thing is a resource—is not permitted under an end of waste code or end of waste approval.\n- (a) carrying out consultation with the public about the proposed change; and\n- (b) considering the following matters— (i) the results of the public consultation about the proposed change; (ii) whether making the proposed change is likely to achieve the objects of this Act; (iii) whether making the proposed change is likely to achieve the object of the Environmental Protection Act; (iv) whether there are other measures that would be more effective in achieving the intended outcome of the proposed change.\n- (i) the results of the public consultation about the proposed change;\n- (ii) whether making the proposed change is likely to achieve the objects of this Act;\n- (iii) whether making the proposed change is likely to achieve the object of the Environmental Protection Act;\n- (iv) whether there are other measures that would be more effective in achieving the intended outcome of the proposed change.\n- (i) the results of the public consultation about the proposed change;\n- (ii) whether making the proposed change is likely to achieve the objects of this Act;\n- (iii) whether making the proposed change is likely to achieve the object of the Environmental Protection Act;\n- (iv) whether there are other measures that would be more effective in achieving the intended outcome of the proposed change.","sortOrder":13},{"sectionNumber":"sec.8A","sectionType":"section","heading":"Meaning of waste disposal site","content":"### sec.8A Meaning of waste disposal site\n\nA waste disposal site is a waste facility to which both of the following apply—\nthe operator of the facility is required to hold an environmental authority for the disposal of waste at the facility;\nwaste delivered to the facility sometimes includes waste that is subsequently disposed of to landfill at the facility.\nHowever, a waste facility is not a waste disposal site only because a type of exempt waste prescribed by regulation for this definition is disposed of to landfill at the facility.\ns 8A (prev s 27) sub 2013 No. 6 s 21 (1)\nrenum and reloc 2013 No. 6 s 21 (2)\namd 2012 No. 16 s 78 sch amdt 1 (amd 2013 No. 6 s 50 sch amdt 28) (amdt could not be given effect); 2019 No. 2 s 5\n(sec.8A-ssec.1) A waste disposal site is a waste facility to which both of the following apply— the operator of the facility is required to hold an environmental authority for the disposal of waste at the facility; waste delivered to the facility sometimes includes waste that is subsequently disposed of to landfill at the facility.\n(sec.8A-ssec.2) However, a waste facility is not a waste disposal site only because a type of exempt waste prescribed by regulation for this definition is disposed of to landfill at the facility.\n- (a) the operator of the facility is required to hold an environmental authority for the disposal of waste at the facility;\n- (b) waste delivered to the facility sometimes includes waste that is subsequently disposed of to landfill at the facility.","sortOrder":14},{"sectionNumber":"sec.9","sectionType":"section","heading":"Meaning of waste and resource management hierarchy","content":"### sec.9 Meaning of waste and resource management hierarchy\n\nThe waste and resource management hierarchy is the following precepts, listed in the preferred order in which waste and resource management options should be considered—\nAVOID unnecessary resource consumption;\nREDUCE waste generation and disposal;\nRE-USE waste resources without further manufacturing;\nRECYCLE waste resources to make the same or different products;\nRECOVER waste resources, including the recovery of energy;\nTREAT waste before disposal, including reducing the hazardous nature of waste;\nDISPOSE of waste only if there is no viable alternative.\n- (a) AVOID unnecessary resource consumption;\n- (b) REDUCE waste generation and disposal;\n- (c) RE-USE waste resources without further manufacturing;\n- (d) RECYCLE waste resources to make the same or different products;\n- (e) RECOVER waste resources, including the recovery of energy;\n- (f) TREAT waste before disposal, including reducing the hazardous nature of waste;\n- (g) DISPOSE of waste only if there is no viable alternative.","sortOrder":15},{"sectionNumber":"sec.9A","sectionType":"section","heading":"Meaning of circular economy principle and circular economy","content":"### sec.9A Meaning of circular economy principle and circular economy\n\nThe circular economy principle is the principle that, to promote waste avoidance and minimise the impact of waste on the environment and human health, all products and materials should be kept in the economy for as long as they have value or remain useful.\nThe circular economy principle recognises that—\nwaste generation can be avoided by—\nmanufacturers designing, to the greatest extent practicable, their products and materials to be circular products and materials; and\nbusiness and industry adopting new business models that support and incentivise the use of circular products and materials; and\nremanufacturing facilities being co-located at, and collaborating with, resource recovery facilities to prevent circular products and materials being disposed of to landfill; and\nunavoidable waste should be managed in accordance with the precepts of the waste and resource management hierarchy mentioned in section 9 (c) to (g) ; and\necosystems are regenerated by reducing the demand for virgin materials; and\nthe adoption of circular products and materials should be incentivised in ways that increase the value of the products and materials.\nA circular economy is an economy in which all products and materials are kept for as long as they have value or remain useful.\nIn this section—\ncircular products and materials means products and materials that can be reused, repaired, refurbished, repurposed or remanufactured.\nremanufacturing facility means a facility operated to carry out an activity relating to the reuse, repair, refurbishment, repurposing or remanufacturing of products or materials.\nresource recovery facility means a facility operated to carry out an activity relating to the receiving and sorting, dismantling or baling of waste.\ns 9A ins 2023 No. 15 s 10\n(sec.9A-ssec.1) The circular economy principle is the principle that, to promote waste avoidance and minimise the impact of waste on the environment and human health, all products and materials should be kept in the economy for as long as they have value or remain useful.\n(sec.9A-ssec.2) The circular economy principle recognises that— waste generation can be avoided by— manufacturers designing, to the greatest extent practicable, their products and materials to be circular products and materials; and business and industry adopting new business models that support and incentivise the use of circular products and materials; and remanufacturing facilities being co-located at, and collaborating with, resource recovery facilities to prevent circular products and materials being disposed of to landfill; and unavoidable waste should be managed in accordance with the precepts of the waste and resource management hierarchy mentioned in section 9 (c) to (g) ; and ecosystems are regenerated by reducing the demand for virgin materials; and the adoption of circular products and materials should be incentivised in ways that increase the value of the products and materials.\n(sec.9A-ssec.3) A circular economy is an economy in which all products and materials are kept for as long as they have value or remain useful.\n(sec.9A-ssec.4) In this section— circular products and materials means products and materials that can be reused, repaired, refurbished, repurposed or remanufactured. remanufacturing facility means a facility operated to carry out an activity relating to the reuse, repair, refurbishment, repurposing or remanufacturing of products or materials. resource recovery facility means a facility operated to carry out an activity relating to the receiving and sorting, dismantling or baling of waste.\n- (a) waste generation can be avoided by— (i) manufacturers designing, to the greatest extent practicable, their products and materials to be circular products and materials; and (ii) business and industry adopting new business models that support and incentivise the use of circular products and materials; and (iii) remanufacturing facilities being co-located at, and collaborating with, resource recovery facilities to prevent circular products and materials being disposed of to landfill; and\n- (i) manufacturers designing, to the greatest extent practicable, their products and materials to be circular products and materials; and\n- (ii) business and industry adopting new business models that support and incentivise the use of circular products and materials; and\n- (iii) remanufacturing facilities being co-located at, and collaborating with, resource recovery facilities to prevent circular products and materials being disposed of to landfill; and\n- (b) unavoidable waste should be managed in accordance with the precepts of the waste and resource management hierarchy mentioned in section 9 (c) to (g) ; and\n- (c) ecosystems are regenerated by reducing the demand for virgin materials; and\n- (d) the adoption of circular products and materials should be incentivised in ways that increase the value of the products and materials.\n- (i) manufacturers designing, to the greatest extent practicable, their products and materials to be circular products and materials; and\n- (ii) business and industry adopting new business models that support and incentivise the use of circular products and materials; and\n- (iii) remanufacturing facilities being co-located at, and collaborating with, resource recovery facilities to prevent circular products and materials being disposed of to landfill; and","sortOrder":16},{"sectionNumber":"sec.10","sectionType":"section","heading":"Meaning of polluter pays principle","content":"### sec.10 Meaning of polluter pays principle\n\nThe polluter pays principle is the principle that all costs associated with the management of waste should be borne by the persons who generated the waste.\nThe costs associated with the management of waste may include the costs of—\nminimising the amount of waste generated; and\ncontaining, treating and disposing of waste; and\nrectifying environmental harm caused by waste.\n(sec.10-ssec.1) The polluter pays principle is the principle that all costs associated with the management of waste should be borne by the persons who generated the waste.\n(sec.10-ssec.2) The costs associated with the management of waste may include the costs of— minimising the amount of waste generated; and containing, treating and disposing of waste; and rectifying environmental harm caused by waste.\n- (a) minimising the amount of waste generated; and\n- (b) containing, treating and disposing of waste; and\n- (c) rectifying environmental harm caused by waste.","sortOrder":17},{"sectionNumber":"sec.11","sectionType":"section","heading":"Meaning of user pays principle","content":"### sec.11 Meaning of user pays principle\n\nThe user pays principle is the principle that all costs associated with the use of a resource should be included in the prices of the goods and services (including government services) that result from the use.\nIn deciding what are the costs associated with the use of a resource, an amount received from a government as a subsidy, incentive payment, grant or similar payment, that would otherwise reduce the costs, must be disregarded.\n(sec.11-ssec.1) The user pays principle is the principle that all costs associated with the use of a resource should be included in the prices of the goods and services (including government services) that result from the use.\n(sec.11-ssec.2) In deciding what are the costs associated with the use of a resource, an amount received from a government as a subsidy, incentive payment, grant or similar payment, that would otherwise reduce the costs, must be disregarded.","sortOrder":18},{"sectionNumber":"sec.12","sectionType":"section","heading":"Meaning of proximity principle","content":"### sec.12 Meaning of proximity principle\n\nThe proximity principle is the principle that waste and recovered resources should be managed as close to the source of generation as possible.","sortOrder":19},{"sectionNumber":"sec.13","sectionType":"section","heading":"Meaning of product stewardship principle","content":"### sec.13 Meaning of product stewardship principle\n\nThe product stewardship principle is the principle that there is a shared responsibility between all persons who are involved in the life cycle of a product for managing the environmental, social and economic impact of the product.\nThe product stewardship principle recognises that different roles and responsibilities may apply at each stage in the life cycle of a product.\nHowever, the product stewardship principle does not apply to an entity—\nin relation to a matter to which the packaging NEPM applies; or\nif the entity is a signatory to the Australian Packaging Covenant—in relation to a matter to which the covenant applies; or\nif the entity is a signatory to a national product stewardship arrangement, or a State-based product stewardship scheme approved or accredited under this Act, and is meeting its obligations under the arrangement or scheme—in relation to a matter to which the arrangement or scheme applies.\nAn arrangement mentioned in subsection (3) (c) may be voluntary or mandatory in nature or may include both voluntary and mandatory aspects.\n(sec.13-ssec.1) The product stewardship principle is the principle that there is a shared responsibility between all persons who are involved in the life cycle of a product for managing the environmental, social and economic impact of the product.\n(sec.13-ssec.2) The product stewardship principle recognises that different roles and responsibilities may apply at each stage in the life cycle of a product.\n(sec.13-ssec.3) However, the product stewardship principle does not apply to an entity— in relation to a matter to which the packaging NEPM applies; or if the entity is a signatory to the Australian Packaging Covenant—in relation to a matter to which the covenant applies; or if the entity is a signatory to a national product stewardship arrangement, or a State-based product stewardship scheme approved or accredited under this Act, and is meeting its obligations under the arrangement or scheme—in relation to a matter to which the arrangement or scheme applies.\n(sec.13-ssec.4) An arrangement mentioned in subsection (3) (c) may be voluntary or mandatory in nature or may include both voluntary and mandatory aspects.\n- (a) in relation to a matter to which the packaging NEPM applies; or\n- (b) if the entity is a signatory to the Australian Packaging Covenant—in relation to a matter to which the covenant applies; or\n- (c) if the entity is a signatory to a national product stewardship arrangement, or a State-based product stewardship scheme approved or accredited under this Act, and is meeting its obligations under the arrangement or scheme—in relation to a matter to which the arrangement or scheme applies.","sortOrder":20},{"sectionNumber":"ch.2-pt.1","sectionType":"part","heading":"Introduction","content":"# Introduction","sortOrder":21},{"sectionNumber":"sec.14","sectionType":"section","heading":"Waste management strategy","content":"### sec.14 Waste management strategy\n\nThis part provides for the making of a waste management strategy for the State to help in achieving the objects of this Act.\nThe waste management strategy is intended as a long-term strategy for—\nachieving waste avoidance, sustainable consumption, industry investment in innovation and new infrastructure, strategic regional infrastructure planning, and product stewardship; and\nsecuring continuous improvement in waste management and resource recovery practices, services and technologies, benchmarked against best available technology; and\nreducing the climate change impacts of waste management and disposal.\n(sec.14-ssec.1) This part provides for the making of a waste management strategy for the State to help in achieving the objects of this Act.\n(sec.14-ssec.2) The waste management strategy is intended as a long-term strategy for— achieving waste avoidance, sustainable consumption, industry investment in innovation and new infrastructure, strategic regional infrastructure planning, and product stewardship; and securing continuous improvement in waste management and resource recovery practices, services and technologies, benchmarked against best available technology; and reducing the climate change impacts of waste management and disposal.\n- (a) achieving waste avoidance, sustainable consumption, industry investment in innovation and new infrastructure, strategic regional infrastructure planning, and product stewardship; and\n- (b) securing continuous improvement in waste management and resource recovery practices, services and technologies, benchmarked against best available technology; and\n- (c) reducing the climate change impacts of waste management and disposal.","sortOrder":22},{"sectionNumber":"sec.15","sectionType":"section","heading":"What may be included in State’s waste management strategy","content":"### sec.15 What may be included in State’s waste management strategy\n\nThe State’s waste management strategy may provide for anything affecting, or that may affect or be affected by, the management of waste.\nWithout limiting subsection (1) , the strategy may provide for the following matters—\na circular economy;\nwaste avoidance and reduction;\nproduct design;\nconsumption;\nreuse or repair of products and materials;\nresource efficiency;\nproduct stewardship;\nresource recovery;\nrecycling, including, for example, standards, criteria and specifications for recycled materials and products containing recycled materials;\npriority products or priority waste;\nstrategic waste management and resource recovery planning;\ndata collection and reporting.\ns 15 amd 2014 No. 59 s 147 ; 2023 No. 15 s 11\n(sec.15-ssec.1) The State’s waste management strategy may provide for anything affecting, or that may affect or be affected by, the management of waste.\n(sec.15-ssec.2) Without limiting subsection (1) , the strategy may provide for the following matters— a circular economy; waste avoidance and reduction; product design; consumption; reuse or repair of products and materials; resource efficiency; product stewardship; resource recovery; recycling, including, for example, standards, criteria and specifications for recycled materials and products containing recycled materials; priority products or priority waste; strategic waste management and resource recovery planning; data collection and reporting.\n- (a) a circular economy;\n- (b) waste avoidance and reduction;\n- (c) product design;\n- (d) consumption;\n- (e) reuse or repair of products and materials;\n- (f) resource efficiency;\n- (g) product stewardship;\n- (h) resource recovery;\n- (i) recycling, including, for example, standards, criteria and specifications for recycled materials and products containing recycled materials;\n- (j) priority products or priority waste;\n- (k) strategic waste management and resource recovery planning;\n- (l) data collection and reporting.","sortOrder":23},{"sectionNumber":"ch.2-pt.2","sectionType":"part","heading":"Draft waste management strategy","content":"# Draft waste management strategy","sortOrder":24},{"sectionNumber":"sec.16","sectionType":"section","heading":"Preparation of draft strategy","content":"### sec.16 Preparation of draft strategy\n\nThe chief executive must prepare a draft of the State’s waste management strategy.\nThe chief executive must give public notice when a draft of the waste management strategy has been prepared.\nThe notice must—\nbe published on the department’s website and in any other way the chief executive considers appropriate; and\nstate where copies of the draft strategy may be inspected; and\ninvite written submissions from the public on the draft strategy; and\nstate a day by which the written submissions may be given to the chief executive.\nThe period for receiving submissions must be at least 28 days.\n(sec.16-ssec.1) The chief executive must prepare a draft of the State’s waste management strategy.\n(sec.16-ssec.2) The chief executive must give public notice when a draft of the waste management strategy has been prepared.\n(sec.16-ssec.3) The notice must— be published on the department’s website and in any other way the chief executive considers appropriate; and state where copies of the draft strategy may be inspected; and invite written submissions from the public on the draft strategy; and state a day by which the written submissions may be given to the chief executive.\n(sec.16-ssec.4) The period for receiving submissions must be at least 28 days.\n- (a) be published on the department’s website and in any other way the chief executive considers appropriate; and\n- (b) state where copies of the draft strategy may be inspected; and\n- (c) invite written submissions from the public on the draft strategy; and\n- (d) state a day by which the written submissions may be given to the chief executive.","sortOrder":25},{"sectionNumber":"ch.2-pt.3","sectionType":"part","heading":"Making of waste management strategy","content":"# Making of waste management strategy","sortOrder":26},{"sectionNumber":"sec.17","sectionType":"section","heading":"Submissions to be considered when preparing final strategy","content":"### sec.17 Submissions to be considered when preparing final strategy\n\nThe chief executive must prepare, and give to the Minister, a final version of the State’s waste management strategy.\nIn preparing the final version of the strategy, the chief executive must consider all submissions on the draft strategy given to the chief executive under section 16 .\n(sec.17-ssec.1) The chief executive must prepare, and give to the Minister, a final version of the State’s waste management strategy.\n(sec.17-ssec.2) In preparing the final version of the strategy, the chief executive must consider all submissions on the draft strategy given to the chief executive under section 16 .","sortOrder":27},{"sectionNumber":"sec.18","sectionType":"section","heading":"Approval of final strategy","content":"### sec.18 Approval of final strategy\n\nThe final version of the waste management strategy must be approved by the Minister by gazette notice.\nThe waste management strategy comes into effect as the State’s waste management strategy on the day the Minister’s approval is gazetted or on a later day stated in the gazette notice or in the strategy for that purpose.\nThe gazette notice in which the Minister approves the waste management strategy must include details about where a copy of the strategy may be inspected and obtained.\nThe chief executive must publish the waste management strategy in full on the department’s website as soon as practicable after its approval.\n(sec.18-ssec.1) The final version of the waste management strategy must be approved by the Minister by gazette notice.\n(sec.18-ssec.2) The waste management strategy comes into effect as the State’s waste management strategy on the day the Minister’s approval is gazetted or on a later day stated in the gazette notice or in the strategy for that purpose.\n(sec.18-ssec.3) The gazette notice in which the Minister approves the waste management strategy must include details about where a copy of the strategy may be inspected and obtained.\n(sec.18-ssec.4) The chief executive must publish the waste management strategy in full on the department’s website as soon as practicable after its approval.","sortOrder":28},{"sectionNumber":"sec.19","sectionType":"section","heading":"Minor amendment of waste management strategy","content":"### sec.19 Minor amendment of waste management strategy\n\nA minor amendment of the waste management strategy may be made without complying with the requirements of part 2 .\nIn this section—\nminor amendment , of the waste management strategy, means an amendment of the strategy—\nto correct a minor error in the strategy; or\nto make another change that is not a change of substance; or\non 1 occasion only, to extend the period for which the strategy is in force for a period of not more than 1 year.\ns 19 amd 2013 No. 6 s 50 sch\n(sec.19-ssec.1) A minor amendment of the waste management strategy may be made without complying with the requirements of part 2 .\n(sec.19-ssec.2) In this section— minor amendment , of the waste management strategy, means an amendment of the strategy— to correct a minor error in the strategy; or to make another change that is not a change of substance; or on 1 occasion only, to extend the period for which the strategy is in force for a period of not more than 1 year.\n- (a) to correct a minor error in the strategy; or\n- (b) to make another change that is not a change of substance; or\n- (c) on 1 occasion only, to extend the period for which the strategy is in force for a period of not more than 1 year.","sortOrder":29},{"sectionNumber":"ch.2-pt.4","sectionType":"part","heading":"Review and progress reporting","content":"# Review and progress reporting","sortOrder":30},{"sectionNumber":"sec.20","sectionType":"section","heading":"Review of State’s waste management strategy","content":"### sec.20 Review of State’s waste management strategy\n\nThe chief executive must, within 5 years after publishing a final review report under section 22 (1) , conduct a review of the State’s waste management strategy.\nHowever, reviews may be conducted more frequently as the Minister directs.\ns 20 amd 2023 No. 15 s 12\n(sec.20-ssec.1) The chief executive must, within 5 years after publishing a final review report under section 22 (1) , conduct a review of the State’s waste management strategy.\n(sec.20-ssec.2) However, reviews may be conducted more frequently as the Minister directs.","sortOrder":31},{"sectionNumber":"sec.21","sectionType":"section","heading":"Preparation of draft review report on waste management strategy","content":"### sec.21 Preparation of draft review report on waste management strategy\n\nAs part of the process of reviewing the State’s waste management strategy, the chief executive must—\nprepare a review report in draft form; and\ngive public notice when the draft has been prepared.\nThe notice must—\nbe published on the department’s website and in any other way the chief executive considers appropriate; and\nstate where copies of the draft review report may be inspected; and\ninvite written submissions from the public on the draft review report; and\nstate a day by which the written submissions may be given to the chief executive.\nThe period for receiving submissions must be at least 28 days.\nWithout limiting what may be dealt with in a review report, a review report must have regard to goals and targets, however named, included in the waste management strategy.\n(sec.21-ssec.1) As part of the process of reviewing the State’s waste management strategy, the chief executive must— prepare a review report in draft form; and give public notice when the draft has been prepared.\n(sec.21-ssec.2) The notice must— be published on the department’s website and in any other way the chief executive considers appropriate; and state where copies of the draft review report may be inspected; and invite written submissions from the public on the draft review report; and state a day by which the written submissions may be given to the chief executive.\n(sec.21-ssec.3) The period for receiving submissions must be at least 28 days.\n(sec.21-ssec.4) Without limiting what may be dealt with in a review report, a review report must have regard to goals and targets, however named, included in the waste management strategy.\n- (a) prepare a review report in draft form; and\n- (b) give public notice when the draft has been prepared.\n- (a) be published on the department’s website and in any other way the chief executive considers appropriate; and\n- (b) state where copies of the draft review report may be inspected; and\n- (c) invite written submissions from the public on the draft review report; and\n- (d) state a day by which the written submissions may be given to the chief executive.","sortOrder":32},{"sectionNumber":"sec.22","sectionType":"section","heading":"Publication of review report and amending or replacement waste management strategy","content":"### sec.22 Publication of review report and amending or replacement waste management strategy\n\nThe chief executive must, within a reasonable time after the period for receiving written submissions on the draft review report has ended, prepare, and publish in full on the department’s website, a final report of the review (the final review report ).\nIn preparing the final review report, the chief executive must consider all submissions on the draft review report given to the chief executive under section 21 .\nThe final review report must outline the findings of the review and may recommend an amendment or replacement of the waste management strategy to implement findings of the review.\nThe chief executive may prepare and give to the Minister, for approval by gazette notice, a final amending or replacement waste management strategy to implement a recommendation mentioned in subsection (3) without having first prepared and consulted on a draft amending or replacement waste management strategy.\n(sec.22-ssec.1) The chief executive must, within a reasonable time after the period for receiving written submissions on the draft review report has ended, prepare, and publish in full on the department’s website, a final report of the review (the final review report ).\n(sec.22-ssec.2) In preparing the final review report, the chief executive must consider all submissions on the draft review report given to the chief executive under section 21 .\n(sec.22-ssec.3) The final review report must outline the findings of the review and may recommend an amendment or replacement of the waste management strategy to implement findings of the review.\n(sec.22-ssec.4) The chief executive may prepare and give to the Minister, for approval by gazette notice, a final amending or replacement waste management strategy to implement a recommendation mentioned in subsection (3) without having first prepared and consulted on a draft amending or replacement waste management strategy.","sortOrder":33},{"sectionNumber":"sec.23","sectionType":"section","heading":null,"content":"### Section sec.23\n\ns 23 om 2013 No. 6 s 20","sortOrder":34},{"sectionNumber":"sec.24","sectionType":"section","heading":null,"content":"### Section sec.24\n\ns 24 om 2013 No. 6 s 20","sortOrder":35},{"sectionNumber":"ch.3-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":36},{"sectionNumber":"sec.25","sectionType":"section","heading":"Main purpose","content":"### sec.25 Main purpose\n\nThe main purpose of this chapter is to impose a levy on waste delivered to a levyable waste disposal site, and to allow for an exemption from the levy, or a discounted levy rate, for particular waste.\ns 25 prev s 25 om 2013 No. 6 s 22\npres s 25 ins 2019 No. 2 s 6","sortOrder":37},{"sectionNumber":"sec.26","sectionType":"section","heading":"Definitions for chapter","content":"### sec.26 Definitions for chapter\n\nIn this chapter—\nactive landfill cell means that part of a landfill where waste is currently being disposed of.\nbad debt credit see section 72K (1) .\nbad debt credit application means an application made under section 72L .\ndisaster see the Disaster Management Act 2003 , section 13 .\ndisaster management waste means waste generated by or because of a disaster that is or has been the subject of a declaration of a disaster situation under the Disaster Management Act 2003 , but only within the limits, if any, declared by the chief executive, by publication on the department’s website, for a particular disaster.\ndisaster situation see the Disaster Management Act 2003 , schedule.\ndiscounted rate , for the waste levy for residue waste, see section 44 (4) .\ndredge spoil means natural material that has been removed from a waterway—\nfor the purpose of creating, maintaining or enlarging a channel, basin, port, berth or other similar thing; or\nto undertake flood mitigation activities in naturally occurring surface waters.\ndue date for payment , of a waste levy amount, means—\nif an extension of time has been granted under section 72G , 72H or 72I for payment of the waste levy amount—the end of the extension; or\nif there is a waste levy instalment agreement in place between the chief executive and the operator of a levyable waste disposal site who owes the amount—the day provided for in the agreement; or\notherwise—the end of the 28th day of the second month after the end of the levy period for the levyable waste disposal site of the operator who owes the amount.\nexempt waste means—\ndisaster management waste; or\nserious local event waste; or\nwaste approved by the chief executive to be exempt waste for a particular exempt waste application; or\n1 of the following types of waste if lawfully managed and transported—\nwaste that is any of the following and is not mixed with other types of waste—\nnon-friable asbestos-containing material;\nwaste that has asbestos-containing material bonded to it;\nany disposal items used during asbestos removal work including plastic sheeting and disposal tools;\nwaste containing friable asbestos-containing material that has been removed by the holder of an asbestos removal licence issued under the Work Health and Safety Act 2011 or under another licence or authority that authorises the removal of friable asbestos under a law of another State; or\ndredge spoil if, for dredge spoil that is acid sulfate soil, the dredge spoil has been treated in accordance with best practice environmental management, within the meaning of the Environmental Protection Act , section 21 , for the treatment and management of acid sulfate soils, as stated in a guideline prescribed by regulation; or\nwaste collected by or for the State, a local government or a plantation licensee under the Forestry Act 1959 to remediate the results of a person having done something that may be an offence under section 103 or 104 ; or\nother waste—\nprescribed by regulation to be exempt waste; or\nfor which there is in force under this chapter a declaration by the chief executive that the waste is exempt waste.\ns 26 def exempt waste amd 2023 No. 15 s 22\nexempt waste application see section 28 (1) .\nfeedstock , for a recycling activity, means the waste or other material that is to be used for the recycling activity.\nfriable asbestos-containing material means material containing asbestos that is in powder form or that can be crumbled, pulverized or reduced to powder by hand when dry.\nlawfully managed and transported , for asbestos or waste containing asbestos, means managed and transported in compliance with the requirements applying, under the Public Health Act 2005 and any other Act, to its management and transport.\nlevyable waste means waste, other than exempt waste, that is delivered to a levyable waste disposal site.\nlevyable waste disposal site —\nmeans a waste disposal site, whether under the ownership or control of the State, a local government or otherwise; but\ndoes not include a part of the waste disposal site that is a resource recovery area.\nlevy period , for a levyable waste disposal site, means—\nfor a section 325 small site, until 30 June 2021—either of the following periods—\nthe period starting on 1 July 2019 and ending on 30 June 2020;\nthe period starting on 1 July 2020 and ending on 30 June 2021; or\notherwise—a month.\nmonitoring system see section 62 .\nnon-friable asbestos-containing material means any manufactured material or thing that—\ncontains asbestos as part of its design; but\ndoes not contain friable asbestos-containing material.\nnon-levy zone means the part of the State outside the waste levy zone.\nprogressive capping means capping of active landfill cells at a waste disposal site on a cell-by-cell basis.\nresidue waste means the waste from a recycling activity that is commonly disposed of to landfill after the recoverable components have been removed from material.\nIn metal recycling, the residue waste is the mainly non-metal component that results from recycling products such as motor vehicles, whitegoods, televisions and computers that have reached the end of their useful life.\nresidue waste discounting application see section 44 (1) .\nresource recovery area see section 72R .\nsection 325 small site means a small site the operator of which, under section 325 , is not required to comply with the requirements of section 61 (2) to measure and record waste in compliance with the weight measurement criteria.\nserious local event —\nA serious local event is a serious disruption in a community, caused by the impact of an event, that requires a significant coordinated response by a local government and other entities to help the community recover from the disruption.\nFor paragraph 1—\na serious disruption is—\nloss of human life, or illness or injury to humans; or\nwidespread or severe property loss or damage; or\nwidespread or severe damage to the environment; and\nan event is an event under the Disaster Management Act 2003 , section 16 .\nserious local event waste —\nmeans waste generated by activities in the immediate preparation for, or by or because of, a serious local event—\nbut only within the limits, if any, declared by the chief executive under section 27B , for the serious local event; and\nsubject to the requirements of section 27A ; but\ndoes not include waste generated by activities in general preparation for storms that are predicted or are likely to occur in a particular season each year or in anticipation of the next cyclone season.\nsmall site means a levyable waste disposal site the operator of which is required to hold an environmental authority for the disposal of 2,000 tonnes or less of waste in a year at the site.\nwaste data return see section 72 (1) .\nwaste levy see section 36 .\nwaste levy amount means an amount of waste levy.\nwaste levy instalment agreement see section 72B (1) .\nwaste levy zone means the part of the State made up of the local government areas prescribed by regulation as provided for in this chapter.\nweight measurement criteria means the weight measurement criteria prescribed by regulation.\ns 26 prev s 26 om 2013 No. 6 s 22\npres s 26 ins 2019 No. 2 s 6\n(sec.26-ssec) In this chapter— active landfill cell means that part of a landfill where waste is currently being disposed of. bad debt credit see section 72K (1) . bad debt credit application means an application made under section 72L . disaster see the Disaster Management Act 2003 , section 13 . disaster management waste means waste generated by or because of a disaster that is or has been the subject of a declaration of a disaster situation under the Disaster Management Act 2003 , but only within the limits, if any, declared by the chief executive, by publication on the department’s website, for a particular disaster. disaster situation see the Disaster Management Act 2003 , schedule. discounted rate , for the waste levy for residue waste, see section 44 (4) . dredge spoil means natural material that has been removed from a waterway— for the purpose of creating, maintaining or enlarging a channel, basin, port, berth or other similar thing; or to undertake flood mitigation activities in naturally occurring surface waters. due date for payment , of a waste levy amount, means— if an extension of time has been granted under section 72G , 72H or 72I for payment of the waste levy amount—the end of the extension; or if there is a waste levy instalment agreement in place between the chief executive and the operator of a levyable waste disposal site who owes the amount—the day provided for in the agreement; or otherwise—the end of the 28th day of the second month after the end of the levy period for the levyable waste disposal site of the operator who owes the amount. exempt waste means— disaster management waste; or serious local event waste; or waste approved by the chief executive to be exempt waste for a particular exempt waste application; or 1 of the following types of waste if lawfully managed and transported— waste that is any of the following and is not mixed with other types of waste— non-friable asbestos-containing material; waste that has asbestos-containing material bonded to it; any disposal items used during asbestos removal work including plastic sheeting and disposal tools; waste containing friable asbestos-containing material that has been removed by the holder of an asbestos removal licence issued under the Work Health and Safety Act 2011 or under another licence or authority that authorises the removal of friable asbestos under a law of another State; or dredge spoil if, for dredge spoil that is acid sulfate soil, the dredge spoil has been treated in accordance with best practice environmental management, within the meaning of the Environmental Protection Act , section 21 , for the treatment and management of acid sulfate soils, as stated in a guideline prescribed by regulation; or waste collected by or for the State, a local government or a plantation licensee under the Forestry Act 1959 to remediate the results of a person having done something that may be an offence under section 103 or 104 ; or other waste— prescribed by regulation to be exempt waste; or for which there is in force under this chapter a declaration by the chief executive that the waste is exempt waste. s 26 def exempt waste amd 2023 No. 15 s 22 exempt waste application see section 28 (1) . feedstock , for a recycling activity, means the waste or other material that is to be used for the recycling activity. friable asbestos-containing material means material containing asbestos that is in powder form or that can be crumbled, pulverized or reduced to powder by hand when dry. lawfully managed and transported , for asbestos or waste containing asbestos, means managed and transported in compliance with the requirements applying, under the Public Health Act 2005 and any other Act, to its management and transport. levyable waste means waste, other than exempt waste, that is delivered to a levyable waste disposal site. levyable waste disposal site — means a waste disposal site, whether under the ownership or control of the State, a local government or otherwise; but does not include a part of the waste disposal site that is a resource recovery area. levy period , for a levyable waste disposal site, means— for a section 325 small site, until 30 June 2021—either of the following periods— the period starting on 1 July 2019 and ending on 30 June 2020; the period starting on 1 July 2020 and ending on 30 June 2021; or otherwise—a month. monitoring system see section 62 . non-friable asbestos-containing material means any manufactured material or thing that— contains asbestos as part of its design; but does not contain friable asbestos-containing material. non-levy zone means the part of the State outside the waste levy zone. progressive capping means capping of active landfill cells at a waste disposal site on a cell-by-cell basis. residue waste means the waste from a recycling activity that is commonly disposed of to landfill after the recoverable components have been removed from material. In metal recycling, the residue waste is the mainly non-metal component that results from recycling products such as motor vehicles, whitegoods, televisions and computers that have reached the end of their useful life. residue waste discounting application see section 44 (1) . resource recovery area see section 72R . section 325 small site means a small site the operator of which, under section 325 , is not required to comply with the requirements of section 61 (2) to measure and record waste in compliance with the weight measurement criteria. serious local event — A serious local event is a serious disruption in a community, caused by the impact of an event, that requires a significant coordinated response by a local government and other entities to help the community recover from the disruption. For paragraph 1— a serious disruption is— loss of human life, or illness or injury to humans; or widespread or severe property loss or damage; or widespread or severe damage to the environment; and an event is an event under the Disaster Management Act 2003 , section 16 . serious local event waste — means waste generated by activities in the immediate preparation for, or by or because of, a serious local event— but only within the limits, if any, declared by the chief executive under section 27B , for the serious local event; and subject to the requirements of section 27A ; but does not include waste generated by activities in general preparation for storms that are predicted or are likely to occur in a particular season each year or in anticipation of the next cyclone season. small site means a levyable waste disposal site the operator of which is required to hold an environmental authority for the disposal of 2,000 tonnes or less of waste in a year at the site. waste data return see section 72 (1) . waste levy see section 36 . waste levy amount means an amount of waste levy. waste levy instalment agreement see section 72B (1) . waste levy zone means the part of the State made up of the local government areas prescribed by regulation as provided for in this chapter. weight measurement criteria means the weight measurement criteria prescribed by regulation.\n- (a) for the purpose of creating, maintaining or enlarging a channel, basin, port, berth or other similar thing; or\n- (b) to undertake flood mitigation activities in naturally occurring surface waters.\n- (a) if an extension of time has been granted under section 72G , 72H or 72I for payment of the waste levy amount—the end of the extension; or\n- (b) if there is a waste levy instalment agreement in place between the chief executive and the operator of a levyable waste disposal site who owes the amount—the day provided for in the agreement; or\n- (c) otherwise—the end of the 28th day of the second month after the end of the levy period for the levyable waste disposal site of the operator who owes the amount.\n- (a) disaster management waste; or\n- (aa) serious local event waste; or\n- (b) waste approved by the chief executive to be exempt waste for a particular exempt waste application; or\n- (c) 1 of the following types of waste if lawfully managed and transported— (i) waste that is any of the following and is not mixed with other types of waste— (A) non-friable asbestos-containing material; (B) waste that has asbestos-containing material bonded to it; (C) any disposal items used during asbestos removal work including plastic sheeting and disposal tools; (ii) waste containing friable asbestos-containing material that has been removed by the holder of an asbestos removal licence issued under the Work Health and Safety Act 2011 or under another licence or authority that authorises the removal of friable asbestos under a law of another State; or\n- (i) waste that is any of the following and is not mixed with other types of waste— (A) non-friable asbestos-containing material; (B) waste that has asbestos-containing material bonded to it; (C) any disposal items used during asbestos removal work including plastic sheeting and disposal tools;\n- (A) non-friable asbestos-containing material;\n- (B) waste that has asbestos-containing material bonded to it;\n- (C) any disposal items used during asbestos removal work including plastic sheeting and disposal tools;\n- (ii) waste containing friable asbestos-containing material that has been removed by the holder of an asbestos removal licence issued under the Work Health and Safety Act 2011 or under another licence or authority that authorises the removal of friable asbestos under a law of another State; or\n- (d) dredge spoil if, for dredge spoil that is acid sulfate soil, the dredge spoil has been treated in accordance with best practice environmental management, within the meaning of the Environmental Protection Act , section 21 , for the treatment and management of acid sulfate soils, as stated in a guideline prescribed by regulation; or\n- (e) waste collected by or for the State, a local government or a plantation licensee under the Forestry Act 1959 to remediate the results of a person having done something that may be an offence under section 103 or 104 ; or\n- (f) other waste— (i) prescribed by regulation to be exempt waste; or (ii) for which there is in force under this chapter a declaration by the chief executive that the waste is exempt waste.\n- (i) prescribed by regulation to be exempt waste; or\n- (ii) for which there is in force under this chapter a declaration by the chief executive that the waste is exempt waste.\n- (i) waste that is any of the following and is not mixed with other types of waste— (A) non-friable asbestos-containing material; (B) waste that has asbestos-containing material bonded to it; (C) any disposal items used during asbestos removal work including plastic sheeting and disposal tools;\n- (A) non-friable asbestos-containing material;\n- (B) waste that has asbestos-containing material bonded to it;\n- (C) any disposal items used during asbestos removal work including plastic sheeting and disposal tools;\n- (ii) waste containing friable asbestos-containing material that has been removed by the holder of an asbestos removal licence issued under the Work Health and Safety Act 2011 or under another licence or authority that authorises the removal of friable asbestos under a law of another State; or\n- (A) non-friable asbestos-containing material;\n- (B) waste that has asbestos-containing material bonded to it;\n- (C) any disposal items used during asbestos removal work including plastic sheeting and disposal tools;\n- (i) prescribed by regulation to be exempt waste; or\n- (ii) for which there is in force under this chapter a declaration by the chief executive that the waste is exempt waste.\n- (a) means a waste disposal site, whether under the ownership or control of the State, a local government or otherwise; but\n- (b) does not include a part of the waste disposal site that is a resource recovery area.\n- (a) for a section 325 small site, until 30 June 2021—either of the following periods— (i) the period starting on 1 July 2019 and ending on 30 June 2020; (ii) the period starting on 1 July 2020 and ending on 30 June 2021; or\n- (i) the period starting on 1 July 2019 and ending on 30 June 2020;\n- (ii) the period starting on 1 July 2020 and ending on 30 June 2021; or\n- (b) otherwise—a month.\n- (i) the period starting on 1 July 2019 and ending on 30 June 2020;\n- (ii) the period starting on 1 July 2020 and ending on 30 June 2021; or\n- (a) contains asbestos as part of its design; but\n- (b) does not contain friable asbestos-containing material.\n- 1 A serious local event is a serious disruption in a community, caused by the impact of an event, that requires a significant coordinated response by a local government and other entities to help the community recover from the disruption.\n- 2 For paragraph 1— (a) a serious disruption is— (i) loss of human life, or illness or injury to humans; or (ii) widespread or severe property loss or damage; or (iii) widespread or severe damage to the environment; and (b) an event is an event under the Disaster Management Act 2003 , section 16 .\n- (a) a serious disruption is— (i) loss of human life, or illness or injury to humans; or (ii) widespread or severe property loss or damage; or (iii) widespread or severe damage to the environment; and\n- (i) loss of human life, or illness or injury to humans; or\n- (ii) widespread or severe property loss or damage; or\n- (iii) widespread or severe damage to the environment; and\n- (b) an event is an event under the Disaster Management Act 2003 , section 16 .\n- (a) a serious disruption is— (i) loss of human life, or illness or injury to humans; or (ii) widespread or severe property loss or damage; or (iii) widespread or severe damage to the environment; and\n- (i) loss of human life, or illness or injury to humans; or\n- (ii) widespread or severe property loss or damage; or\n- (iii) widespread or severe damage to the environment; and\n- (b) an event is an event under the Disaster Management Act 2003 , section 16 .\n- (i) loss of human life, or illness or injury to humans; or\n- (ii) widespread or severe property loss or damage; or\n- (iii) widespread or severe damage to the environment; and\n- (a) means waste generated by activities in the immediate preparation for, or by or because of, a serious local event— (i) but only within the limits, if any, declared by the chief executive under section 27B , for the serious local event; and (ii) subject to the requirements of section 27A ; but\n- (i) but only within the limits, if any, declared by the chief executive under section 27B , for the serious local event; and\n- (ii) subject to the requirements of section 27A ; but\n- (b) does not include waste generated by activities in general preparation for storms that are predicted or are likely to occur in a particular season each year or in anticipation of the next cyclone season.\n- (i) but only within the limits, if any, declared by the chief executive under section 27B , for the serious local event; and\n- (ii) subject to the requirements of section 27A ; but","sortOrder":38},{"sectionNumber":"ch.3-pt.2","sectionType":"part","heading":"Identifying exempt waste","content":"# Identifying exempt waste","sortOrder":39},{"sectionNumber":"ch.3-pt.2-div.1","sectionType":"division","heading":"Declaring limits for disaster management waste","content":"## Declaring limits for disaster management waste","sortOrder":40},{"sectionNumber":"sec.27","sectionType":"section","heading":"Chief executive may declare limits for disaster management waste","content":"### sec.27 Chief executive may declare limits for disaster management waste\n\nThe chief executive may, by publication on the department’s website, declare limits applying to the status of waste as disaster management waste in relation to a particular disaster.\na declaration that waste is disaster management waste only for a stated period\na declaration that waste is disaster management waste only if it is disposed of at a stated site\na declaration that, after a stated day, waste is disaster management waste only if delivered by stated entities\nIf the chief executive makes a declaration under subsection (1) , the chief executive must take all reasonable steps to ensure that persons likely to be directly affected by the declaration are made aware of it, including, for example, by advertising in newspapers, on radio or on television.\nA declaration made under subsection (1) is not invalid because of a failure to comply with subsection (2) .\ns 27 ins 2019 No. 2 s 6\n(sec.27-ssec.1) The chief executive may, by publication on the department’s website, declare limits applying to the status of waste as disaster management waste in relation to a particular disaster. a declaration that waste is disaster management waste only for a stated period a declaration that waste is disaster management waste only if it is disposed of at a stated site a declaration that, after a stated day, waste is disaster management waste only if delivered by stated entities\n(sec.27-ssec.2) If the chief executive makes a declaration under subsection (1) , the chief executive must take all reasonable steps to ensure that persons likely to be directly affected by the declaration are made aware of it, including, for example, by advertising in newspapers, on radio or on television.\n(sec.27-ssec.3) A declaration made under subsection (1) is not invalid because of a failure to comply with subsection (2) .\n- • a declaration that waste is disaster management waste only for a stated period\n- • a declaration that waste is disaster management waste only if it is disposed of at a stated site\n- • a declaration that, after a stated day, waste is disaster management waste only if delivered by stated entities","sortOrder":41},{"sectionNumber":"ch.3-pt.2-div.1A","sectionType":"division","heading":"Serious local event waste","content":"## Serious local event waste","sortOrder":42},{"sectionNumber":"sec.27A","sectionType":"section","heading":"Notifying chief executive that waste is serious local event waste in particular circumstances","content":"### sec.27A Notifying chief executive that waste is serious local event waste in particular circumstances\n\nThis section applies if the chief executive officer of a local government reasonably believes—\nthere is or will be a serious local event in the local government’s local government area; and\nan exemption from the levy on types of waste generated as a result of the serious local event and delivered to particular waste disposal sites should be allowed.\nThe chief executive officer must notify the chief executive as soon as practicable of the following matters in relation to waste that has been or will be generated as a result of the serious local event—\nthe type of waste that is to be serious local event waste;\nthe waste disposal sites at which the waste will be disposed of;\nthe period for which the waste is to be serious local event waste.\nThe maximum period for subsection (2) (c) is the period starting 7 days immediately before the serious local event starts or is predicted to start and ending 28 days after the serious local event ends.\nIf the chief executive officer acts under subsection (2) , and subject to section 27B , the type of waste stated in the notice is serious local event waste if—\nwaste of that type is delivered to a stated waste disposal site during the stated period; and\nthe site operator of the waste disposal site does not charge for the delivery of the waste to the site.\ns 27A ins 2019 No. 2 s 6\n(sec.27A-ssec.1) This section applies if the chief executive officer of a local government reasonably believes— there is or will be a serious local event in the local government’s local government area; and an exemption from the levy on types of waste generated as a result of the serious local event and delivered to particular waste disposal sites should be allowed.\n(sec.27A-ssec.2) The chief executive officer must notify the chief executive as soon as practicable of the following matters in relation to waste that has been or will be generated as a result of the serious local event— the type of waste that is to be serious local event waste; the waste disposal sites at which the waste will be disposed of; the period for which the waste is to be serious local event waste.\n(sec.27A-ssec.3) The maximum period for subsection (2) (c) is the period starting 7 days immediately before the serious local event starts or is predicted to start and ending 28 days after the serious local event ends.\n(sec.27A-ssec.4) If the chief executive officer acts under subsection (2) , and subject to section 27B , the type of waste stated in the notice is serious local event waste if— waste of that type is delivered to a stated waste disposal site during the stated period; and the site operator of the waste disposal site does not charge for the delivery of the waste to the site.\n- (a) there is or will be a serious local event in the local government’s local government area; and\n- (b) an exemption from the levy on types of waste generated as a result of the serious local event and delivered to particular waste disposal sites should be allowed.\n- (a) the type of waste that is to be serious local event waste;\n- (b) the waste disposal sites at which the waste will be disposed of;\n- (c) the period for which the waste is to be serious local event waste.\n- (a) waste of that type is delivered to a stated waste disposal site during the stated period; and\n- (b) the site operator of the waste disposal site does not charge for the delivery of the waste to the site.","sortOrder":43},{"sectionNumber":"sec.27B","sectionType":"section","heading":"Chief executive may declare limits for serious local event waste","content":"### sec.27B Chief executive may declare limits for serious local event waste\n\nThe chief executive may, by publication on the department’s website, declare limits applying to the status of waste as serious local event waste in relation to a particular serious local event.\na declaration that waste is serious local event waste only for a stated period\na declaration that waste is serious local event waste only if it is disposed of at a stated site\na declaration that, after a stated day, waste is serious local event waste only if delivered by stated entities\nIf the chief executive makes a declaration under subsection (1) , the chief executive must take all reasonable steps to ensure that persons likely to be directly affected by the declaration are made aware of it, including, for example, by advertising in newspapers, on radio or on television.\nA declaration made under subsection (1) is not invalid merely because of a failure to comply with subsection (2) .\ns 27B ins 2019 No. 2 s 6\n(sec.27B-ssec.1) The chief executive may, by publication on the department’s website, declare limits applying to the status of waste as serious local event waste in relation to a particular serious local event. a declaration that waste is serious local event waste only for a stated period a declaration that waste is serious local event waste only if it is disposed of at a stated site a declaration that, after a stated day, waste is serious local event waste only if delivered by stated entities\n(sec.27B-ssec.2) If the chief executive makes a declaration under subsection (1) , the chief executive must take all reasonable steps to ensure that persons likely to be directly affected by the declaration are made aware of it, including, for example, by advertising in newspapers, on radio or on television.\n(sec.27B-ssec.3) A declaration made under subsection (1) is not invalid merely because of a failure to comply with subsection (2) .\n- • a declaration that waste is serious local event waste only for a stated period\n- • a declaration that waste is serious local event waste only if it is disposed of at a stated site\n- • a declaration that, after a stated day, waste is serious local event waste only if delivered by stated entities","sortOrder":44},{"sectionNumber":"ch.3-pt.2-div.2","sectionType":"division","heading":"Approval of waste as exempt waste","content":"## Approval of waste as exempt waste","sortOrder":45},{"sectionNumber":"sec.28","sectionType":"section","heading":"Application for approval of waste as exempt waste","content":"### sec.28 Application for approval of waste as exempt waste\n\nA person may apply to the chief executive for approval of waste, identified in the application (an exempt waste application ), as exempt waste.\nHowever, the application may be about only 1 of the following types of waste—\nwaste that has been donated to a charitable recycling entity but that can not practicably be re-used, recycled or sold;\nwaste collected by members of the community during an organised event directed at remediating the results of a person having done something that may be an offence under section 103 or 104 ;\nearth contaminated with a hazardous contaminant from land recorded in the environmental management register or contaminated land register;\nwaste to be used at a levyable waste disposal site for a purpose necessary for the operation of the site, including, for example, building infrastructure, temporary or daily covering, progressive capping, batter construction, final capping, profiling and site rehabilitation;\nbiosecurity waste;\nserious local event waste.\nAlso, if the application is about biosecurity waste, the application may be made only by the chief executive of the department in which the Biosecurity Act 2014 is administered.\nIn addition, if the application is about serious local event waste, the application may be made only by the chief executive officer of the local government in whose local government area the serious local event waste was generated.\nThe application must—\nbe in the approved form; and\nbe supported by enough information to allow the chief executive to decide the application; and\nbe accompanied by the fee prescribed by regulation.\nIn this section—\nbiosecurity waste means waste made up of matter that is subject to the operation of the Biosecurity Act 2014 .\ncharitable recycling entity means an entity that—\noperates on a not-for-profit basis; and\nis registered as a charity under the Collections Act 1966 ; and\nis a Deductible Gift Recipient for the purposes of laws administered by the Australian Taxation Office of the Commonwealth; and\nactively and consistently operates a recycling or re-use program for—\nproviding emergency assistance; or\notherwise supporting the charitable purposes of the entity.\ns 28 prev s 28 om 2013 No. 6 s 23\npres s 28 ins 2019 No. 2 s 6\n(sec.28-ssec.1) A person may apply to the chief executive for approval of waste, identified in the application (an exempt waste application ), as exempt waste.\n(sec.28-ssec.2) However, the application may be about only 1 of the following types of waste— waste that has been donated to a charitable recycling entity but that can not practicably be re-used, recycled or sold; waste collected by members of the community during an organised event directed at remediating the results of a person having done something that may be an offence under section 103 or 104 ; earth contaminated with a hazardous contaminant from land recorded in the environmental management register or contaminated land register; waste to be used at a levyable waste disposal site for a purpose necessary for the operation of the site, including, for example, building infrastructure, temporary or daily covering, progressive capping, batter construction, final capping, profiling and site rehabilitation; biosecurity waste; serious local event waste.\n(sec.28-ssec.3) Also, if the application is about biosecurity waste, the application may be made only by the chief executive of the department in which the Biosecurity Act 2014 is administered.\n(sec.28-ssec.3A) In addition, if the application is about serious local event waste, the application may be made only by the chief executive officer of the local government in whose local government area the serious local event waste was generated.\n(sec.28-ssec.4) The application must— be in the approved form; and be supported by enough information to allow the chief executive to decide the application; and be accompanied by the fee prescribed by regulation.\n(sec.28-ssec.5) In this section— biosecurity waste means waste made up of matter that is subject to the operation of the Biosecurity Act 2014 . charitable recycling entity means an entity that— operates on a not-for-profit basis; and is registered as a charity under the Collections Act 1966 ; and is a Deductible Gift Recipient for the purposes of laws administered by the Australian Taxation Office of the Commonwealth; and actively and consistently operates a recycling or re-use program for— providing emergency assistance; or otherwise supporting the charitable purposes of the entity.\n- (a) waste that has been donated to a charitable recycling entity but that can not practicably be re-used, recycled or sold;\n- (b) waste collected by members of the community during an organised event directed at remediating the results of a person having done something that may be an offence under section 103 or 104 ;\n- (c) earth contaminated with a hazardous contaminant from land recorded in the environmental management register or contaminated land register;\n- (d) waste to be used at a levyable waste disposal site for a purpose necessary for the operation of the site, including, for example, building infrastructure, temporary or daily covering, progressive capping, batter construction, final capping, profiling and site rehabilitation;\n- (e) biosecurity waste;\n- (f) serious local event waste.\n- (a) be in the approved form; and\n- (b) be supported by enough information to allow the chief executive to decide the application; and\n- (c) be accompanied by the fee prescribed by regulation.\n- (a) operates on a not-for-profit basis; and\n- (b) is registered as a charity under the Collections Act 1966 ; and\n- (c) is a Deductible Gift Recipient for the purposes of laws administered by the Australian Taxation Office of the Commonwealth; and\n- (d) actively and consistently operates a recycling or re-use program for— (i) providing emergency assistance; or (ii) otherwise supporting the charitable purposes of the entity.\n- (i) providing emergency assistance; or\n- (ii) otherwise supporting the charitable purposes of the entity.\n- (i) providing emergency assistance; or\n- (ii) otherwise supporting the charitable purposes of the entity.","sortOrder":46},{"sectionNumber":"sec.29","sectionType":"section","heading":"Chief executive may require additional information or documents","content":"### sec.29 Chief executive may require additional information or documents\n\nWithin 28 days after receiving an exempt waste application, the chief executive may, by notice given to the applicant, require the applicant to give the chief executive further reasonable information or documents about the application by a reasonable day stated in the notice.\nThe applicant may, before the stated day, agree with the chief executive about extending the time for providing the further information or documents.\nThe application is taken to be withdrawn if the applicant does not give the chief executive the further information or documents by the stated day or the end of any extension agreed between the chief executive and the applicant.\ns 29 prev s 29 om 2013 No. 6 s 23\npres s 29 ins 2019 No. 2 s 6\n(sec.29-ssec.1) Within 28 days after receiving an exempt waste application, the chief executive may, by notice given to the applicant, require the applicant to give the chief executive further reasonable information or documents about the application by a reasonable day stated in the notice.\n(sec.29-ssec.2) The applicant may, before the stated day, agree with the chief executive about extending the time for providing the further information or documents.\n(sec.29-ssec.3) The application is taken to be withdrawn if the applicant does not give the chief executive the further information or documents by the stated day or the end of any extension agreed between the chief executive and the applicant.","sortOrder":47},{"sectionNumber":"sec.30","sectionType":"section","heading":"Deciding application","content":"### sec.30 Deciding application\n\nThe chief executive must decide either to grant or to refuse an exempt waste application within 28 days after the later of the following days—\nthe day the chief executive receives the application;\nif additional information or documents are requested under section 29 —the day the chief executive receives the information or documents.\nIn deciding the application, the chief executive must consider—\nthe objects of this Act; and\nthe information outlined in the application.\nHowever, the chief executive must refuse the application in the circumstances prescribed by regulation.\nA failure to make a decision within the period required is taken to be a decision by the chief executive to refuse the application.\ns 30 prev s 30 om 2013 No. 6 s 23\npres s 30 ins 2019 No. 2 s 6\n(sec.30-ssec.1) The chief executive must decide either to grant or to refuse an exempt waste application within 28 days after the later of the following days— the day the chief executive receives the application; if additional information or documents are requested under section 29 —the day the chief executive receives the information or documents.\n(sec.30-ssec.2) In deciding the application, the chief executive must consider— the objects of this Act; and the information outlined in the application.\n(sec.30-ssec.3) However, the chief executive must refuse the application in the circumstances prescribed by regulation.\n(sec.30-ssec.4) A failure to make a decision within the period required is taken to be a decision by the chief executive to refuse the application.\n- (a) the day the chief executive receives the application;\n- (b) if additional information or documents are requested under section 29 —the day the chief executive receives the information or documents.\n- (a) the objects of this Act; and\n- (b) the information outlined in the application.","sortOrder":48},{"sectionNumber":"sec.31","sectionType":"section","heading":"Grant of application","content":"### sec.31 Grant of application\n\nIf the chief executive grants an exempt waste application, the chief executive must, within 5 business days after granting the application, give the applicant notice of the approval stating the following—\nthe application has been granted;\nthe waste that has been approved as exempt waste;\nthe period of the approval;\nany conditions imposed on the approval.\nThe period of the approval must not be more than 3 years.\nIf the chief executive imposes a condition on the approval that is not the same, or substantially the same, as a condition agreed to or asked for by the applicant, the notice must also include or be accompanied by an information notice for the decision to impose the condition.\ns 31 prev s 31 om 2013 No. 6 s 23\npres s 31 ins 2019 No. 2 s 6\n(sec.31-ssec.1) If the chief executive grants an exempt waste application, the chief executive must, within 5 business days after granting the application, give the applicant notice of the approval stating the following— the application has been granted; the waste that has been approved as exempt waste; the period of the approval; any conditions imposed on the approval.\n(sec.31-ssec.2) The period of the approval must not be more than 3 years.\n(sec.31-ssec.3) If the chief executive imposes a condition on the approval that is not the same, or substantially the same, as a condition agreed to or asked for by the applicant, the notice must also include or be accompanied by an information notice for the decision to impose the condition.\n- (a) the application has been granted;\n- (b) the waste that has been approved as exempt waste;\n- (c) the period of the approval;\n- (d) any conditions imposed on the approval.","sortOrder":49},{"sectionNumber":"sec.32","sectionType":"section","heading":"Refusal of application","content":"### sec.32 Refusal of application\n\nIf the chief executive refuses an exempt waste application, the chief executive must, within 5 business days after refusing the application, give the applicant an information notice for the decision.\ns 32 prev s 32 om 2013 No. 6 s 23\npres s 32 ins 2019 No. 2 s 6","sortOrder":50},{"sectionNumber":"sec.33","sectionType":"section","heading":"Amendment of approval by agreement","content":"### sec.33 Amendment of approval by agreement\n\nThe chief executive may amend an approval of waste as exempt waste by agreement between the chief executive and the holder of the approval.\nIf the holder of the approval asks for the amendment, the request must be accompanied by the fee prescribed by regulation.\ns 33 prev s 33 om 2013 No. 6 s 23\npres s 33 ins 2019 No. 2 s 6\n(sec.33-ssec.1) The chief executive may amend an approval of waste as exempt waste by agreement between the chief executive and the holder of the approval.\n(sec.33-ssec.2) If the holder of the approval asks for the amendment, the request must be accompanied by the fee prescribed by regulation.","sortOrder":51},{"sectionNumber":"sec.34","sectionType":"section","heading":"Cancellation or amendment of approval by chief executive","content":"### sec.34 Cancellation or amendment of approval by chief executive\n\nThe chief executive may cancel or amend an approval of waste as exempt waste if the chief executive considers there are reasonable grounds to cancel or amend it.\nWithout limiting subsection (1) , the grounds for cancelling or amending the approval may include—\nthat the chief executive is satisfied there is a reasonable suspicion that the granting of the approval was based on incorrect information; and\nthat the chief executive is satisfied there is a reasonable suspicion that the approval was granted because of a false or misleading representation or declaration; and\nthat the circumstances relevant to the granting of the approval have changed; and\nthat the approval has not been complied with; and\nthat it is desirable to cancel or amend the approval having regard to the objects of this Act.\nBefore cancelling or amending the approval (the proposed action ), the chief executive must give the holder of the approval a notice stating the following—\nthe proposed action;\nthe grounds for taking the proposed action;\nthe facts and circumstances that form the basis for the grounds;\nwhen the proposed action is intended to take effect;\nthat the holder may make, within a stated period, written submissions to show why the proposed action should not be taken.\nThe stated period for submissions must not end earlier than 21 days after the holder of the approval is given the notice.\nThe chief executive must consider all submissions made under subsection (3) (e) within the stated period.\nIf the chief executive decides to take the proposed action, the chief executive must, within 10 business days after making the decision, give the holder of the approval an information notice for the decision.\nThe decision takes effect when the holder is given the information notice.\ns 34 prev s 34 om 2013 No. 6 s 23\npres s 34 ins 2019 No. 2 s 6\n(sec.34-ssec.1) The chief executive may cancel or amend an approval of waste as exempt waste if the chief executive considers there are reasonable grounds to cancel or amend it.\n(sec.34-ssec.2) Without limiting subsection (1) , the grounds for cancelling or amending the approval may include— that the chief executive is satisfied there is a reasonable suspicion that the granting of the approval was based on incorrect information; and that the chief executive is satisfied there is a reasonable suspicion that the approval was granted because of a false or misleading representation or declaration; and that the circumstances relevant to the granting of the approval have changed; and that the approval has not been complied with; and that it is desirable to cancel or amend the approval having regard to the objects of this Act.\n(sec.34-ssec.3) Before cancelling or amending the approval (the proposed action ), the chief executive must give the holder of the approval a notice stating the following— the proposed action; the grounds for taking the proposed action; the facts and circumstances that form the basis for the grounds; when the proposed action is intended to take effect; that the holder may make, within a stated period, written submissions to show why the proposed action should not be taken.\n(sec.34-ssec.4) The stated period for submissions must not end earlier than 21 days after the holder of the approval is given the notice.\n(sec.34-ssec.5) The chief executive must consider all submissions made under subsection (3) (e) within the stated period.\n(sec.34-ssec.6) If the chief executive decides to take the proposed action, the chief executive must, within 10 business days after making the decision, give the holder of the approval an information notice for the decision.\n(sec.34-ssec.7) The decision takes effect when the holder is given the information notice.\n- (a) that the chief executive is satisfied there is a reasonable suspicion that the granting of the approval was based on incorrect information; and\n- (b) that the chief executive is satisfied there is a reasonable suspicion that the approval was granted because of a false or misleading representation or declaration; and\n- (c) that the circumstances relevant to the granting of the approval have changed; and\n- (d) that the approval has not been complied with; and\n- (e) that it is desirable to cancel or amend the approval having regard to the objects of this Act.\n- (a) the proposed action;\n- (b) the grounds for taking the proposed action;\n- (c) the facts and circumstances that form the basis for the grounds;\n- (d) when the proposed action is intended to take effect;\n- (e) that the holder may make, within a stated period, written submissions to show why the proposed action should not be taken.","sortOrder":52},{"sectionNumber":"ch.3-pt.2-div.3","sectionType":"division","heading":"Declaring waste to be exempt waste","content":"## Declaring waste to be exempt waste","sortOrder":53},{"sectionNumber":"sec.35","sectionType":"section","heading":"Chief executive may declare waste to be exempt waste in exceptional circumstances","content":"### sec.35 Chief executive may declare waste to be exempt waste in exceptional circumstances\n\nThis section applies if the chief executive is satisfied that exceptional circumstances apply for—\nparticular waste or a type of waste; or\nthe disposal of particular waste or a type of waste.\nThe chief executive may, by publication on the department’s website, declare the waste to be exempt waste.\nThe chief executive may declare waste to be exempt waste subject to any limits or conditions included in the declaration of the waste as exempt waste.\nA declaration of waste as exempt waste has effect subject to any limits or conditions included in the declaration.\ns 35 prev s 35 om 2013 No. 6 s 23\npres s 35 ins 2019 No. 2 s 6\n(sec.35-ssec.1) This section applies if the chief executive is satisfied that exceptional circumstances apply for— particular waste or a type of waste; or the disposal of particular waste or a type of waste.\n(sec.35-ssec.2) The chief executive may, by publication on the department’s website, declare the waste to be exempt waste.\n(sec.35-ssec.3) The chief executive may declare waste to be exempt waste subject to any limits or conditions included in the declaration of the waste as exempt waste.\n(sec.35-ssec.4) A declaration of waste as exempt waste has effect subject to any limits or conditions included in the declaration.\n- (a) particular waste or a type of waste; or\n- (b) the disposal of particular waste or a type of waste.","sortOrder":54},{"sectionNumber":"ch.3-pt.3","sectionType":"part","heading":"Operation of waste levy","content":"# Operation of waste levy","sortOrder":55},{"sectionNumber":"sec.36","sectionType":"section","heading":"Imposition of waste levy","content":"### sec.36 Imposition of waste levy\n\nThe operator of a levyable waste disposal site is liable to pay the State a levy (the waste levy ) on all levyable waste that is delivered to the site if—\nthe levyable waste disposal site is in the waste levy zone; or\nthe levyable waste disposal site is in the non-levy zone and the waste was generated outside the non-levy zone.\ns 36 prev s 36 om 2013 No. 6 s 23\npres s 36 ins 2019 No. 2 s 6\n- (a) the levyable waste disposal site is in the waste levy zone; or\n- (b) the levyable waste disposal site is in the non-levy zone and the waste was generated outside the non-levy zone.","sortOrder":56},{"sectionNumber":"sec.37","sectionType":"section","heading":"Calculating waste levy amount","content":"### sec.37 Calculating waste levy amount\n\nThe rate of the waste levy for each type of waste is the rate prescribed by regulation for that type.\nThe amount of waste levy imposed on waste is calculated in compliance with the requirements prescribed by regulation.\ns 37 prev s 37 om 2013 No. 6 s 23\npres s 37 ins 2019 No. 2 s 6\n(sec.37-ssec.1) The rate of the waste levy for each type of waste is the rate prescribed by regulation for that type.\n(sec.37-ssec.2) The amount of waste levy imposed on waste is calculated in compliance with the requirements prescribed by regulation.","sortOrder":57},{"sectionNumber":"sec.38","sectionType":"section","heading":"Offence to remove waste from levyable waste disposal site in particular circumstances","content":"### sec.38 Offence to remove waste from levyable waste disposal site in particular circumstances\n\nThe operator of a levyable waste disposal site must not, for sale or other commercial gain, remove from the site waste for which the waste levy was, or is to be, paid to the State.\nMaximum penalty—50 penalty units.\ns 38 prev s 38 om 2013 No. 6 s 23\npres s 38 ins 2019 No. 2 s 6","sortOrder":58},{"sectionNumber":"sec.39","sectionType":"section","heading":"When residue waste taken to be generated outside the non-levy zone","content":"### sec.39 When residue waste taken to be generated outside the non-levy zone\n\nIf waste, used as feedstock for a recycling activity, was generated outside the non-levy zone, all of the residue waste generated by the recycling activity is taken, for this chapter, to be generated outside the non-levy zone.\ns 39 prev s 39 om 2013 No. 6 s 23\npres s 39 ins 2019 No. 2 s 6","sortOrder":59},{"sectionNumber":"sec.40","sectionType":"section","heading":"Mixing waste generated outside non-levy zone with waste generated in the non-levy zone","content":"### sec.40 Mixing waste generated outside non-levy zone with waste generated in the non-levy zone\n\nThis section applies if waste generated outside the non-levy zone is mixed with waste generated in the non-levy zone before being delivered to a levyable waste disposal site in the non-levy zone.\nThe chief executive and the person who mixed the waste may agree in writing to a method of working out the waste that is taken to have been generated outside the non-levy zone and the total amount of that waste.\nFifty tonnes of waste generated outside the non-levy zone and 3,000 tonnes of waste generated in the non-levy zone are delivered to a resource recovery area in the non-levy zone in a month where they are mixed in a stockpile. Typically, 60% of waste delivered to the resource recovery area is delivered to the levyable waste disposal site. The chief executive and the operator of the relevant site agree that the first 30 tonnes of waste delivered from the resource recovery area to the levyable waste disposal site in the following month is taken to be waste generated outside the non-levy zone.\nFor this chapter—\nif there is an agreement under subsection (2) —the mixed waste is taken to be generated as decided under the agreement; or\notherwise—all the mixed waste is taken to have been generated outside the non-levy zone from the time the waste was mixed.\ns 40 prev s 40 om 2013 No. 6 s 23\npres s 40 ins 2019 No. 2 s 6\n(sec.40-ssec.1) This section applies if waste generated outside the non-levy zone is mixed with waste generated in the non-levy zone before being delivered to a levyable waste disposal site in the non-levy zone.\n(sec.40-ssec.2) The chief executive and the person who mixed the waste may agree in writing to a method of working out the waste that is taken to have been generated outside the non-levy zone and the total amount of that waste. Fifty tonnes of waste generated outside the non-levy zone and 3,000 tonnes of waste generated in the non-levy zone are delivered to a resource recovery area in the non-levy zone in a month where they are mixed in a stockpile. Typically, 60% of waste delivered to the resource recovery area is delivered to the levyable waste disposal site. The chief executive and the operator of the relevant site agree that the first 30 tonnes of waste delivered from the resource recovery area to the levyable waste disposal site in the following month is taken to be waste generated outside the non-levy zone.\n(sec.40-ssec.3) For this chapter— if there is an agreement under subsection (2) —the mixed waste is taken to be generated as decided under the agreement; or otherwise—all the mixed waste is taken to have been generated outside the non-levy zone from the time the waste was mixed.\n- (a) if there is an agreement under subsection (2) —the mixed waste is taken to be generated as decided under the agreement; or\n- (b) otherwise—all the mixed waste is taken to have been generated outside the non-levy zone from the time the waste was mixed.","sortOrder":60},{"sectionNumber":"sec.41","sectionType":"section","heading":"Mixing types of waste that attract different rates of waste levy","content":"### sec.41 Mixing types of waste that attract different rates of waste levy\n\nThis section applies if—\ndifferent types of waste are mixed before being delivered to a levyable waste disposal site; and\nthe different types of waste attract different rates of waste levy.\nFor subsection (1) (b) , the rate of the waste levy for exempt waste is taken to be zero.\nAll of the waste delivered is taken to attract the highest rate of waste levy that applies to any of the types of waste.\ns 41 prev s 41 om 2013 No. 6 s 24\npres s 41 ins 2019 No. 2 s 6\n(sec.41-ssec.1) This section applies if— different types of waste are mixed before being delivered to a levyable waste disposal site; and the different types of waste attract different rates of waste levy.\n(sec.41-ssec.1A) For subsection (1) (b) , the rate of the waste levy for exempt waste is taken to be zero.\n(sec.41-ssec.2) All of the waste delivered is taken to attract the highest rate of waste levy that applies to any of the types of waste.\n- (a) different types of waste are mixed before being delivered to a levyable waste disposal site; and\n- (b) the different types of waste attract different rates of waste levy.","sortOrder":61},{"sectionNumber":"sec.42","sectionType":"section","heading":"Mixing types of waste that attract same rate of waste levy","content":"### sec.42 Mixing types of waste that attract same rate of waste levy\n\nThis section applies if—\ndifferent types of waste are mixed before being delivered to a levyable waste disposal site; and\nthe different types of waste attract the same rate of waste levy.\nFor subsection (1) (b) , the rate of the waste levy for exempt waste is taken to be zero.\nThe operator of the site must, for sections 60 and 61 , make a reasonable estimate of the amount of each type of waste included in the mixed waste using the information given to the operator under section 53 .\ns 42 prev s 42 om 2013 No. 6 s 25\npres s 42 ins 2019 No. 2 s 6\n(sec.42-ssec.1) This section applies if— different types of waste are mixed before being delivered to a levyable waste disposal site; and the different types of waste attract the same rate of waste levy.\n(sec.42-ssec.1A) For subsection (1) (b) , the rate of the waste levy for exempt waste is taken to be zero.\n(sec.42-ssec.2) The operator of the site must, for sections 60 and 61 , make a reasonable estimate of the amount of each type of waste included in the mixed waste using the information given to the operator under section 53 .\n- (a) different types of waste are mixed before being delivered to a levyable waste disposal site; and\n- (b) the different types of waste attract the same rate of waste levy.","sortOrder":62},{"sectionNumber":"sec.43","sectionType":"section","heading":"Regulation identifying waste levy zone","content":"### sec.43 Regulation identifying waste levy zone\n\nA regulation may identify local government areas that make up the waste levy zone.\nTo remove any doubt, it is declared that it is not necessary for the waste levy zone to be made up of only local government areas that are contiguous with other local government areas.\ns 43 sub 2013 No. 6 s 25\namd 2012 No. 16 s 78 sch (amd 2013 No. 6 s 50 sch amdt 29)\nsub 2019 No. 2 s 6\n(sec.43-ssec.1) A regulation may identify local government areas that make up the waste levy zone.\n(sec.43-ssec.2) To remove any doubt, it is declared that it is not necessary for the waste levy zone to be made up of only local government areas that are contiguous with other local government areas.","sortOrder":63},{"sectionNumber":"ch.3-pt.4","sectionType":"part","heading":"Discounting waste levy for residue waste","content":"# Discounting waste levy for residue waste","sortOrder":64},{"sectionNumber":"sec.44","sectionType":"section","heading":"Application for discounted rate for waste levy for residue waste","content":"### sec.44 Application for discounted rate for waste levy for residue waste\n\nA person who conducts a recycling activity prescribed by regulation may apply to the chief executive for approval of a discounted rate for the waste levy for residue waste identified in the application (a residue waste discounting application ).\nThe application must—\nbe in the approved form; and\nbe supported by enough information to allow the chief executive to decide the application; and\nbe accompanied by the fee prescribed by regulation.\nThe Minister may recommend to the Governor in Council the making of a regulation under subsection (1) about a particular recycling activity only if the Minister is satisfied that—\ngiving a discount on the waste levy for residue waste from the activity will have a significant impact on the activity becoming established and sustained in Queensland; and\nthe activity optimises the market and material value that can be derived from the waste used as feedstock for the activity.\nThe discounted rate for the waste levy for residue waste is the rate prescribed by regulation.\ns 44 amd 2013 No. 6 s 26\nsub 2019 No. 2 s 6\n(sec.44-ssec.1) A person who conducts a recycling activity prescribed by regulation may apply to the chief executive for approval of a discounted rate for the waste levy for residue waste identified in the application (a residue waste discounting application ).\n(sec.44-ssec.2) The application must— be in the approved form; and be supported by enough information to allow the chief executive to decide the application; and be accompanied by the fee prescribed by regulation.\n(sec.44-ssec.3) The Minister may recommend to the Governor in Council the making of a regulation under subsection (1) about a particular recycling activity only if the Minister is satisfied that— giving a discount on the waste levy for residue waste from the activity will have a significant impact on the activity becoming established and sustained in Queensland; and the activity optimises the market and material value that can be derived from the waste used as feedstock for the activity.\n(sec.44-ssec.4) The discounted rate for the waste levy for residue waste is the rate prescribed by regulation.\n- (a) be in the approved form; and\n- (b) be supported by enough information to allow the chief executive to decide the application; and\n- (c) be accompanied by the fee prescribed by regulation.\n- (a) giving a discount on the waste levy for residue waste from the activity will have a significant impact on the activity becoming established and sustained in Queensland; and\n- (b) the activity optimises the market and material value that can be derived from the waste used as feedstock for the activity.","sortOrder":65},{"sectionNumber":"sec.45","sectionType":"section","heading":"Chief executive may require additional information or documents","content":"### sec.45 Chief executive may require additional information or documents\n\nWithin 28 days after receiving a residue waste discounting application, the chief executive may, by notice given to the applicant, require the applicant to give the chief executive further reasonable information or documents about the application by a reasonable day stated in the notice.\nThe applicant may, before the stated day, agree with the chief executive about extending the time for providing the further information or documents.\nThe application is taken to be withdrawn if the applicant does not give the chief executive the further information or documents by the stated day or the end of any extension agreed between the chief executive and the applicant.\ns 45 prev s 45 om 2013 No. 6 s 27\npres s 45 ins 2019 No. 2 s 6\n(sec.45-ssec.1) Within 28 days after receiving a residue waste discounting application, the chief executive may, by notice given to the applicant, require the applicant to give the chief executive further reasonable information or documents about the application by a reasonable day stated in the notice.\n(sec.45-ssec.2) The applicant may, before the stated day, agree with the chief executive about extending the time for providing the further information or documents.\n(sec.45-ssec.3) The application is taken to be withdrawn if the applicant does not give the chief executive the further information or documents by the stated day or the end of any extension agreed between the chief executive and the applicant.","sortOrder":66},{"sectionNumber":"sec.46","sectionType":"section","heading":"Deciding application","content":"### sec.46 Deciding application\n\nThe chief executive must decide either to grant or to refuse a residue waste discounting application within 28 days after the later of the following days—\nthe day the chief executive receives the application;\nif additional information or documents are requested under section 45 —the day the chief executive receives the information or documents.\nIn deciding the application, the chief executive must consider all of the following—\nthe objects of this Act;\nthe information included in the application;\nany criteria prescribed by regulation;\nthe applicant’s history of compliance with this Act and the Environmental Protection Act , including whether the applicant holds any licences, environmental authorities or other approvals for conducting the recycling activity.\nHowever, the chief executive must refuse the application in the circumstances prescribed by regulation.\nA failure to make a decision within the period required is taken to be a decision by the chief executive to refuse the application.\ns 46 prev s 46 om 2013 No. 6 s 27\npres s 46 ins 2019 No. 2 s 6\n(sec.46-ssec.1) The chief executive must decide either to grant or to refuse a residue waste discounting application within 28 days after the later of the following days— the day the chief executive receives the application; if additional information or documents are requested under section 45 —the day the chief executive receives the information or documents.\n(sec.46-ssec.2) In deciding the application, the chief executive must consider all of the following— the objects of this Act; the information included in the application; any criteria prescribed by regulation; the applicant’s history of compliance with this Act and the Environmental Protection Act , including whether the applicant holds any licences, environmental authorities or other approvals for conducting the recycling activity.\n(sec.46-ssec.3) However, the chief executive must refuse the application in the circumstances prescribed by regulation.\n(sec.46-ssec.4) A failure to make a decision within the period required is taken to be a decision by the chief executive to refuse the application.\n- (a) the day the chief executive receives the application;\n- (b) if additional information or documents are requested under section 45 —the day the chief executive receives the information or documents.\n- (a) the objects of this Act;\n- (b) the information included in the application;\n- (c) any criteria prescribed by regulation;\n- (d) the applicant’s history of compliance with this Act and the Environmental Protection Act , including whether the applicant holds any licences, environmental authorities or other approvals for conducting the recycling activity.","sortOrder":67},{"sectionNumber":"sec.47","sectionType":"section","heading":"Grant of application","content":"### sec.47 Grant of application\n\nIf the chief executive grants a residue waste discounting application—\nin addition to any other conditions, the chief executive must impose a condition on the approval either—\nrequiring the applicant to maintain as a minimum a stated recycling efficiency; or\nlimiting the amount of residue waste that will attract the discount rate in a period, including, for example, as a stated proportion of the amount of waste used as feedstock for the recycling activity in the period; and\nwithin 5 business days, the chief executive must give the applicant a notice stating the following—\nthe application has been granted;\nthe discounted rate for the waste levy for the residue waste identified in the application;\nthe period of the approval;\nany conditions imposed on the approval or prescribed by regulation.\nThe period of the approval must not—\nbe more than 3 years; or\nend after the residue waste discounting review date.\nThe notice must also include or be accompanied by an information notice for the decision to impose a condition on the approval unless the condition is the same, or substantially the same, as a condition agreed to or asked for by the applicant.\nIn addition to any conditions imposed by the chief executive, the approval is also subject to the conditions prescribed by regulation.\nIn this section—\nrecycling efficiency means a percentage of the feedstock for a recycling activity that is not disposed of as landfill as a result of the activity.\nresidue waste discounting review date means the day, as prescribed by regulation, for the review by the chief executive of the following—\nthe discounted rate for the waste levy for the residue waste;\nthe recycling efficiency threshold for recycling activities;\nany other matters mentioned in this part as being prescribed by regulation.\ns 47 prev s 47 om 2013 No. 6 s 27\npres s 47 ins 2019 No. 2 s 6\n(sec.47-ssec.1) If the chief executive grants a residue waste discounting application— in addition to any other conditions, the chief executive must impose a condition on the approval either— requiring the applicant to maintain as a minimum a stated recycling efficiency; or limiting the amount of residue waste that will attract the discount rate in a period, including, for example, as a stated proportion of the amount of waste used as feedstock for the recycling activity in the period; and within 5 business days, the chief executive must give the applicant a notice stating the following— the application has been granted; the discounted rate for the waste levy for the residue waste identified in the application; the period of the approval; any conditions imposed on the approval or prescribed by regulation.\n(sec.47-ssec.2) The period of the approval must not— be more than 3 years; or end after the residue waste discounting review date.\n(sec.47-ssec.3) The notice must also include or be accompanied by an information notice for the decision to impose a condition on the approval unless the condition is the same, or substantially the same, as a condition agreed to or asked for by the applicant.\n(sec.47-ssec.4) In addition to any conditions imposed by the chief executive, the approval is also subject to the conditions prescribed by regulation.\n(sec.47-ssec.5) In this section— recycling efficiency means a percentage of the feedstock for a recycling activity that is not disposed of as landfill as a result of the activity. residue waste discounting review date means the day, as prescribed by regulation, for the review by the chief executive of the following— the discounted rate for the waste levy for the residue waste; the recycling efficiency threshold for recycling activities; any other matters mentioned in this part as being prescribed by regulation.\n- (a) in addition to any other conditions, the chief executive must impose a condition on the approval either— (i) requiring the applicant to maintain as a minimum a stated recycling efficiency; or (ii) limiting the amount of residue waste that will attract the discount rate in a period, including, for example, as a stated proportion of the amount of waste used as feedstock for the recycling activity in the period; and\n- (i) requiring the applicant to maintain as a minimum a stated recycling efficiency; or\n- (ii) limiting the amount of residue waste that will attract the discount rate in a period, including, for example, as a stated proportion of the amount of waste used as feedstock for the recycling activity in the period; and\n- (b) within 5 business days, the chief executive must give the applicant a notice stating the following— (i) the application has been granted; (ii) the discounted rate for the waste levy for the residue waste identified in the application; (iii) the period of the approval; (iv) any conditions imposed on the approval or prescribed by regulation.\n- (i) the application has been granted;\n- (ii) the discounted rate for the waste levy for the residue waste identified in the application;\n- (iii) the period of the approval;\n- (iv) any conditions imposed on the approval or prescribed by regulation.\n- (i) requiring the applicant to maintain as a minimum a stated recycling efficiency; or\n- (ii) limiting the amount of residue waste that will attract the discount rate in a period, including, for example, as a stated proportion of the amount of waste used as feedstock for the recycling activity in the period; and\n- (i) the application has been granted;\n- (ii) the discounted rate for the waste levy for the residue waste identified in the application;\n- (iii) the period of the approval;\n- (iv) any conditions imposed on the approval or prescribed by regulation.\n- (a) be more than 3 years; or\n- (b) end after the residue waste discounting review date.\n- (a) the discounted rate for the waste levy for the residue waste;\n- (b) the recycling efficiency threshold for recycling activities;\n- (c) any other matters mentioned in this part as being prescribed by regulation.","sortOrder":68},{"sectionNumber":"sec.48","sectionType":"section","heading":"Refusal of application","content":"### sec.48 Refusal of application\n\nIf the chief executive refuses a residue waste discounting application, the chief executive must, within 5 business days after refusing the application, give the applicant an information notice for the decision.\ns 48 prev s 48 om 2013 No. 6 s 27\npres s 48 ins 2019 No. 2 s 6","sortOrder":69},{"sectionNumber":"sec.49","sectionType":"section","heading":"Amendment of approval by agreement","content":"### sec.49 Amendment of approval by agreement\n\nThe chief executive may amend an approval of a discounted rate for the waste levy for residue waste by agreement between the chief executive and the holder of the approval.\nIf the holder of the approval asks for the amendment, the request must be accompanied by the fee prescribed by regulation.\ns 49 prev s 49 om 2013 No. 6 s 27\npres s 49 ins 2019 No. 2 s 6\n(sec.49-ssec.1) The chief executive may amend an approval of a discounted rate for the waste levy for residue waste by agreement between the chief executive and the holder of the approval.\n(sec.49-ssec.2) If the holder of the approval asks for the amendment, the request must be accompanied by the fee prescribed by regulation.","sortOrder":70},{"sectionNumber":"sec.50","sectionType":"section","heading":"Cancellation or amendment of approval by chief executive","content":"### sec.50 Cancellation or amendment of approval by chief executive\n\nThe chief executive may cancel or amend an approval of a discounted rate for the waste levy for residue waste if the chief executive considers there are reasonable grounds to cancel or amend it.\nWithout limiting subsection (1) , the grounds for cancelling or amending the approval may include—\nthat the chief executive is satisfied there is a reasonable suspicion that the holder of the approval has not implemented strategies or practices to progressively improve the efficiency of the holder’s recycling activities during the period of the approval; and\nthat the chief executive is satisfied there is a reasonable suspicion that the approval was granted because of a false or misleading representation or declaration; and\nthat the circumstances relevant to the granting of the approval have changed; and\nthat the conditions of the approval have not been complied with; and\nthat it is desirable to cancel or amend the approval having regard to the objects of this Act.\nBefore cancelling or amending the approval (the proposed action ) the chief executive must give the holder of the approval a notice stating the following—\nthe proposed action;\nthe grounds for taking the proposed action;\nthe facts and circumstances that form the basis for the grounds;\nwhen the proposed action is intended to take effect;\nthat the holder of the approval may make, within a stated period, written submissions to show why the proposed action should not be taken.\nThe stated period for submissions must not end earlier than 21 days after the holder of the approval is given the notice.\nThe chief executive must consider all submissions made under subsection (3) (e) within the stated period.\nIf the chief executive decides to take the proposed action, the chief executive must, within 10 business days after making the decision, give the holder of the approval an information notice for the decision.\nThe decision takes effect when the holder is given the information notice.\ns 50 prev s 50 om 2013 No. 6 s 27\npres s 50 ins 2019 No. 2 s 6\n(sec.50-ssec.1) The chief executive may cancel or amend an approval of a discounted rate for the waste levy for residue waste if the chief executive considers there are reasonable grounds to cancel or amend it.\n(sec.50-ssec.2) Without limiting subsection (1) , the grounds for cancelling or amending the approval may include— that the chief executive is satisfied there is a reasonable suspicion that the holder of the approval has not implemented strategies or practices to progressively improve the efficiency of the holder’s recycling activities during the period of the approval; and that the chief executive is satisfied there is a reasonable suspicion that the approval was granted because of a false or misleading representation or declaration; and that the circumstances relevant to the granting of the approval have changed; and that the conditions of the approval have not been complied with; and that it is desirable to cancel or amend the approval having regard to the objects of this Act.\n(sec.50-ssec.3) Before cancelling or amending the approval (the proposed action ) the chief executive must give the holder of the approval a notice stating the following— the proposed action; the grounds for taking the proposed action; the facts and circumstances that form the basis for the grounds; when the proposed action is intended to take effect; that the holder of the approval may make, within a stated period, written submissions to show why the proposed action should not be taken.\n(sec.50-ssec.4) The stated period for submissions must not end earlier than 21 days after the holder of the approval is given the notice.\n(sec.50-ssec.5) The chief executive must consider all submissions made under subsection (3) (e) within the stated period.\n(sec.50-ssec.6) If the chief executive decides to take the proposed action, the chief executive must, within 10 business days after making the decision, give the holder of the approval an information notice for the decision.\n(sec.50-ssec.7) The decision takes effect when the holder is given the information notice.\n- (a) that the chief executive is satisfied there is a reasonable suspicion that the holder of the approval has not implemented strategies or practices to progressively improve the efficiency of the holder’s recycling activities during the period of the approval; and\n- (b) that the chief executive is satisfied there is a reasonable suspicion that the approval was granted because of a false or misleading representation or declaration; and\n- (c) that the circumstances relevant to the granting of the approval have changed; and\n- (d) that the conditions of the approval have not been complied with; and\n- (e) that it is desirable to cancel or amend the approval having regard to the objects of this Act.\n- (a) the proposed action;\n- (b) the grounds for taking the proposed action;\n- (c) the facts and circumstances that form the basis for the grounds;\n- (d) when the proposed action is intended to take effect;\n- (e) that the holder of the approval may make, within a stated period, written submissions to show why the proposed action should not be taken.","sortOrder":71},{"sectionNumber":"sec.51","sectionType":"section","heading":"Automatic cancellation of approval","content":"### sec.51 Automatic cancellation of approval\n\nAn approval of a discounted rate for the waste levy for residue waste is automatically cancelled if the business of conducting the recycling activity relevant to the approval ceases to be owned by the entity granted the approval, including, for example, because the ownership of the business is transferred to another entity.\ns 51 prev s 51 om 2013 No. 6 s 27\npres s 51 ins 2019 No. 2 s 6","sortOrder":72},{"sectionNumber":"ch.3-pt.5","sectionType":"part","heading":"Obligations relating to waste levy","content":"# Obligations relating to waste levy","sortOrder":73},{"sectionNumber":"ch.3-pt.5-div.1","sectionType":"division","heading":"Obligations of person delivering waste","content":"## Obligations of person delivering waste","sortOrder":74},{"sectionNumber":"sec.52","sectionType":"section","heading":"Persons delivering waste","content":"### sec.52 Persons delivering waste\n\nA person is taken to deliver waste for this division if—\nthe person physically delivers the waste; or\nthe person engages or directs another person to physically deliver the waste on behalf of the person.\nIf an employee delivers waste to a levyable waste disposal site on behalf of the employee’s employer, the obligations under this division apply to both the employee and the employer.\ns 52 sub 2013 No. 6 s 28 ; 2019 No. 2 s 6\n- (a) the person physically delivers the waste; or\n- (b) the person engages or directs another person to physically deliver the waste on behalf of the person. Example— If an employee delivers waste to a levyable waste disposal site on behalf of the employee’s employer, the obligations under this division apply to both the employee and the employer.","sortOrder":75},{"sectionNumber":"sec.53","sectionType":"section","heading":"Person delivering waste to waste disposal site to give information","content":"### sec.53 Person delivering waste to waste disposal site to give information\n\nThis section applies if a person delivers waste to a waste disposal site.\nThe person must give the operator of the waste disposal site the information (the delivery information ) that the operator reasonably requires to identify—\nhow much of the waste is exempt waste and how much of it is levyable waste; and\nfor each type of waste required to be measured by the operator under section 59 —how much waste there is; and\nwhether the waste was generated in the waste levy zone, the non-levy zone or outside Queensland.\nMaximum penalty—300 penalty units.\nAlso, the delivery information must be given to the operator at least 24 hours before the waste is delivered if—\nthe waste disposal site is in the non-levy zone; and\nthe waste was generated outside the non-levy zone; and\nthe waste is delivered in a vehicle with a GCM or GVM of more than 4.5 tonnes.\nHowever, subsections (2) and (3) do not apply to the person if the person knows the operator already has the delivery information when the information would otherwise be required under subsection (2) or (3) .\nThe person delivering the waste is acting on behalf of another person and knows that the other person has already given the delivery information.\nIf the operator of the waste disposal site asks the person to give the operator the delivery information in the approved form, the person must comply with the request unless the person has a reasonable excuse.\nMaximum penalty—300 penalty units.\nIf a person (the principal ) engages or directs another person to deliver waste on behalf of the principal, it is a defence for subsection (2) or (5) for the principal to prove—\nthe principal gave the other person appropriate instructions; and\nthe principal used all reasonable precautions to ensure the other person complied with this section; and\nthe principal could not by the exercise of reasonable diligence have stopped the commission of the offence.\nNothing in this section prevents the person from giving delivery information for more than 1 consignment of waste to be delivered to the waste disposal site.\ns 53 prev s 53 om 2013 No. 6 s 29\npres s 53 ins 2019 No. 2 s 6\n(sec.53-ssec.1) This section applies if a person delivers waste to a waste disposal site.\n(sec.53-ssec.2) The person must give the operator of the waste disposal site the information (the delivery information ) that the operator reasonably requires to identify— how much of the waste is exempt waste and how much of it is levyable waste; and for each type of waste required to be measured by the operator under section 59 —how much waste there is; and whether the waste was generated in the waste levy zone, the non-levy zone or outside Queensland. Maximum penalty—300 penalty units.\n(sec.53-ssec.3) Also, the delivery information must be given to the operator at least 24 hours before the waste is delivered if— the waste disposal site is in the non-levy zone; and the waste was generated outside the non-levy zone; and the waste is delivered in a vehicle with a GCM or GVM of more than 4.5 tonnes.\n(sec.53-ssec.4) However, subsections (2) and (3) do not apply to the person if the person knows the operator already has the delivery information when the information would otherwise be required under subsection (2) or (3) . The person delivering the waste is acting on behalf of another person and knows that the other person has already given the delivery information.\n(sec.53-ssec.5) If the operator of the waste disposal site asks the person to give the operator the delivery information in the approved form, the person must comply with the request unless the person has a reasonable excuse. Maximum penalty—300 penalty units.\n(sec.53-ssec.6) If a person (the principal ) engages or directs another person to deliver waste on behalf of the principal, it is a defence for subsection (2) or (5) for the principal to prove— the principal gave the other person appropriate instructions; and the principal used all reasonable precautions to ensure the other person complied with this section; and the principal could not by the exercise of reasonable diligence have stopped the commission of the offence.\n(sec.53-ssec.7) Nothing in this section prevents the person from giving delivery information for more than 1 consignment of waste to be delivered to the waste disposal site.\n- (a) how much of the waste is exempt waste and how much of it is levyable waste; and\n- (b) for each type of waste required to be measured by the operator under section 59 —how much waste there is; and\n- (c) whether the waste was generated in the waste levy zone, the non-levy zone or outside Queensland.\n- (a) the waste disposal site is in the non-levy zone; and\n- (b) the waste was generated outside the non-levy zone; and\n- (c) the waste is delivered in a vehicle with a GCM or GVM of more than 4.5 tonnes.\n- (a) the principal gave the other person appropriate instructions; and\n- (b) the principal used all reasonable precautions to ensure the other person complied with this section; and\n- (c) the principal could not by the exercise of reasonable diligence have stopped the commission of the offence.","sortOrder":76},{"sectionNumber":"sec.54","sectionType":"section","heading":"Person delivering particular waste to give information","content":"### sec.54 Person delivering particular waste to give information\n\nThis section applies if—\na person delivers waste to—\na resource recovery and transfer facility in the non-levy zone; or\nan entity conducting a recycling activity in the non-levy zone; and\nthe waste was generated outside the non-levy zone; and\nthe person delivers the waste in a vehicle with a GCM or GVM of more than 4.5 tonnes.\nThe person must, at least 24 hours before delivering the waste, give the operator of the resource recovery and transfer facility or entity the information (the delivery information ) that the operator or entity reasonably requires to identify—\nhow much of the waste is exempt waste and how much of it is levyable waste; and\nwhether the waste was generated in the waste levy zone or outside Queensland.\nMaximum penalty—300 penalty units.\nHowever, subsection (2) does not apply to the person if the person knows the operator or entity already has the delivery information when it is required under that subsection.\nThe person delivering the waste to a resource recovery and transfer facility is the operator of the facility.\nIf the operator or entity asks the person to give the delivery information to the operator or entity in the approved form, the person must comply with the request unless the person has a reasonable excuse.\nMaximum penalty—300 penalty units.\nIf a person (the principal ) engages or directs another person to deliver waste on behalf of the principal, it is a defence for subsections (2) and (4) for the principal to prove—\nthe principal gave the other person appropriate instructions; and\nthe principal used all reasonable precautions to ensure the other person complied with this section; and\nthe principal could not by the exercise of reasonable diligence have stopped the commission of the offence.\nNothing in this section prevents the person from giving delivery information for more than 1 consignment of waste to be delivered to the resource recovery and transfer facility or to the entity.\nIn this section—\nresource recovery and transfer facility means a facility used for—\nreceiving, sorting, dismantling or baling waste; or\nstoring waste before moving it, from the site where the relevant activity is carried out, for recycling, processing, treatment or disposal.\ns 54 prev s 54 om 2013 No. 6 s 30\npres s 54 ins 2019 No. 2 s 6\n(sec.54-ssec.1) This section applies if— a person delivers waste to— a resource recovery and transfer facility in the non-levy zone; or an entity conducting a recycling activity in the non-levy zone; and the waste was generated outside the non-levy zone; and the person delivers the waste in a vehicle with a GCM or GVM of more than 4.5 tonnes.\n(sec.54-ssec.2) The person must, at least 24 hours before delivering the waste, give the operator of the resource recovery and transfer facility or entity the information (the delivery information ) that the operator or entity reasonably requires to identify— how much of the waste is exempt waste and how much of it is levyable waste; and whether the waste was generated in the waste levy zone or outside Queensland. Maximum penalty—300 penalty units.\n(sec.54-ssec.3) However, subsection (2) does not apply to the person if the person knows the operator or entity already has the delivery information when it is required under that subsection. The person delivering the waste to a resource recovery and transfer facility is the operator of the facility.\n(sec.54-ssec.4) If the operator or entity asks the person to give the delivery information to the operator or entity in the approved form, the person must comply with the request unless the person has a reasonable excuse. Maximum penalty—300 penalty units.\n(sec.54-ssec.5) If a person (the principal ) engages or directs another person to deliver waste on behalf of the principal, it is a defence for subsections (2) and (4) for the principal to prove— the principal gave the other person appropriate instructions; and the principal used all reasonable precautions to ensure the other person complied with this section; and the principal could not by the exercise of reasonable diligence have stopped the commission of the offence.\n(sec.54-ssec.6) Nothing in this section prevents the person from giving delivery information for more than 1 consignment of waste to be delivered to the resource recovery and transfer facility or to the entity.\n(sec.54-ssec.7) In this section— resource recovery and transfer facility means a facility used for— receiving, sorting, dismantling or baling waste; or storing waste before moving it, from the site where the relevant activity is carried out, for recycling, processing, treatment or disposal.\n- (a) a person delivers waste to— (i) a resource recovery and transfer facility in the non-levy zone; or (ii) an entity conducting a recycling activity in the non-levy zone; and\n- (i) a resource recovery and transfer facility in the non-levy zone; or\n- (ii) an entity conducting a recycling activity in the non-levy zone; and\n- (b) the waste was generated outside the non-levy zone; and\n- (c) the person delivers the waste in a vehicle with a GCM or GVM of more than 4.5 tonnes.\n- (i) a resource recovery and transfer facility in the non-levy zone; or\n- (ii) an entity conducting a recycling activity in the non-levy zone; and\n- (a) how much of the waste is exempt waste and how much of it is levyable waste; and\n- (b) whether the waste was generated in the waste levy zone or outside Queensland.\n- (a) the principal gave the other person appropriate instructions; and\n- (b) the principal used all reasonable precautions to ensure the other person complied with this section; and\n- (c) the principal could not by the exercise of reasonable diligence have stopped the commission of the offence.\n- (a) receiving, sorting, dismantling or baling waste; or\n- (b) storing waste before moving it, from the site where the relevant activity is carried out, for recycling, processing, treatment or disposal.","sortOrder":77},{"sectionNumber":"sec.55","sectionType":"section","heading":"Giving false or misleading information when delivering waste","content":"### sec.55 Giving false or misleading information when delivering waste\n\nThis section applies to a person delivering waste to—\na waste disposal site; or\na resource recovery and transfer facility in the non-levy zone; or\nan entity conducting a recycling activity in the non-levy zone.\nThe person must not give the operator or entity information about the waste that the person knows is false or misleading in a material particular.\nMaximum penalty—300 penalty units.\nHowever, subsection (2) does not apply to the person if the person, when giving information in a document—\ntells the operator or entity, to the best of the person’s ability, how the document is false or misleading; and\nif the person has, or can reasonably obtain, the correct information—gives the correct information.\nTo remove any doubt, it is declared that subsection (2) applies to any information whether or not the person is required to give the information under section 53 or 54 .\nIn this section—\noperator means the operator of the waste disposal site or resource recovery and transfer facility.\nresource recovery and transfer facility see section 54 (7) .\ns 55 prev s 55 om 2013 No. 6 s 31\npres s 55 ins 2019 No. 2 s 6\n(sec.55-ssec.1) This section applies to a person delivering waste to— a waste disposal site; or a resource recovery and transfer facility in the non-levy zone; or an entity conducting a recycling activity in the non-levy zone.\n(sec.55-ssec.2) The person must not give the operator or entity information about the waste that the person knows is false or misleading in a material particular. Maximum penalty—300 penalty units.\n(sec.55-ssec.3) However, subsection (2) does not apply to the person if the person, when giving information in a document— tells the operator or entity, to the best of the person’s ability, how the document is false or misleading; and if the person has, or can reasonably obtain, the correct information—gives the correct information.\n(sec.55-ssec.4) To remove any doubt, it is declared that subsection (2) applies to any information whether or not the person is required to give the information under section 53 or 54 .\n(sec.55-ssec.5) In this section— operator means the operator of the waste disposal site or resource recovery and transfer facility. resource recovery and transfer facility see section 54 (7) .\n- (a) a waste disposal site; or\n- (b) a resource recovery and transfer facility in the non-levy zone; or\n- (c) an entity conducting a recycling activity in the non-levy zone.\n- (a) tells the operator or entity, to the best of the person’s ability, how the document is false or misleading; and\n- (b) if the person has, or can reasonably obtain, the correct information—gives the correct information.","sortOrder":78},{"sectionNumber":"ch.3-pt.5-div.2","sectionType":"division","heading":"Obligations of operators of waste disposal sites","content":"## Obligations of operators of waste disposal sites","sortOrder":79},{"sectionNumber":"sec.56","sectionType":"section","heading":"Remitting waste levy amount to the State","content":"### sec.56 Remitting waste levy amount to the State\n\nAfter receiving a summary data return from the operator of a levyable waste disposal site under section 72 , the chief executive must give the operator an invoice stating the total amount of all waste levy amounts payable to the State by the operator for the levy period to which the return relates.\nThe operator must pay to the chief executive the total amount stated in the invoice by the due date for payment of the amount.\nIf a waste levy amount owing by an operator remains unpaid after its due date for payment, interest is payable on the unpaid amount for each day starting on the day after the due date for payment and ending on the day the amount is actually paid.\nThe interest payable for a day as mentioned in subsection (3) is payable at the same rate as that applying to unpaid tax under the Taxation Administration Act 2001 , section 54 and the Taxation Administration Regulation 2012 , section 8 .\nAny waste levy amount payable by the operator of a levyable waste disposal site and remaining unpaid after its due date for payment, and any interest payable on the unpaid amount, may be recovered by the chief executive in a court with jurisdiction for the recovery of the amount as a debt payable by the operator to the State.\nIn this section—\nsummary data return see section 72 (5) .\ns 56 prev s 56 om 2013 No. 6 s 31\npres s 56 ins 2019 No. 2 s 6\n(sec.56-ssec.1) After receiving a summary data return from the operator of a levyable waste disposal site under section 72 , the chief executive must give the operator an invoice stating the total amount of all waste levy amounts payable to the State by the operator for the levy period to which the return relates.\n(sec.56-ssec.2) The operator must pay to the chief executive the total amount stated in the invoice by the due date for payment of the amount.\n(sec.56-ssec.3) If a waste levy amount owing by an operator remains unpaid after its due date for payment, interest is payable on the unpaid amount for each day starting on the day after the due date for payment and ending on the day the amount is actually paid.\n(sec.56-ssec.4) The interest payable for a day as mentioned in subsection (3) is payable at the same rate as that applying to unpaid tax under the Taxation Administration Act 2001 , section 54 and the Taxation Administration Regulation 2012 , section 8 .\n(sec.56-ssec.5) Any waste levy amount payable by the operator of a levyable waste disposal site and remaining unpaid after its due date for payment, and any interest payable on the unpaid amount, may be recovered by the chief executive in a court with jurisdiction for the recovery of the amount as a debt payable by the operator to the State.\n(sec.56-ssec.6) In this section— summary data return see section 72 (5) .","sortOrder":80},{"sectionNumber":"sec.57","sectionType":"section","heading":"Weighbridge required","content":"### sec.57 Weighbridge required\n\nThe operator of a waste disposal site in the waste levy zone must ensure a weighbridge is installed at the site from the beginning of the day on—\nif the operator is required to hold an environmental authority for the disposal of more than 10,000 tonnes of waste in a year at the site—1 July 2019; or\nif the operator is required to hold an environmental authority for the disposal of more than 5,000 tonnes, but not more than 10,000 tonnes, of waste in a year at the site—1 July 2021; or\nfor any other operator—1 July 2024.\nMaximum penalty—300 penalty units.\nIf a waste disposal site is in the non-levy zone and receives during the period from 1 July 2019 to 31 December 2019 at least 300 tonnes of levyable waste generated outside the non-levy zone, the operator must ensure a weighbridge is installed at the site by 30 June 2020.\nMaximum penalty—300 penalty units.\nFrom 1 January 2020, if a waste disposal site is in the non-levy zone and receives at least 600 tonnes of levyable waste generated outside the non-levy zone during a year, the operator must ensure a weighbridge is installed at the site by 30 June in the following year.\nMaximum penalty—300 penalty units.\ns 57 prev s 57 om 2013 No. 6 s 31\npres s 57 ins 2019 No. 2 s 6\n(sec.57-ssec.1) The operator of a waste disposal site in the waste levy zone must ensure a weighbridge is installed at the site from the beginning of the day on— if the operator is required to hold an environmental authority for the disposal of more than 10,000 tonnes of waste in a year at the site—1 July 2019; or if the operator is required to hold an environmental authority for the disposal of more than 5,000 tonnes, but not more than 10,000 tonnes, of waste in a year at the site—1 July 2021; or for any other operator—1 July 2024. Maximum penalty—300 penalty units.\n(sec.57-ssec.2) If a waste disposal site is in the non-levy zone and receives during the period from 1 July 2019 to 31 December 2019 at least 300 tonnes of levyable waste generated outside the non-levy zone, the operator must ensure a weighbridge is installed at the site by 30 June 2020. Maximum penalty—300 penalty units.\n(sec.57-ssec.3) From 1 January 2020, if a waste disposal site is in the non-levy zone and receives at least 600 tonnes of levyable waste generated outside the non-levy zone during a year, the operator must ensure a weighbridge is installed at the site by 30 June in the following year. Maximum penalty—300 penalty units.\n- (a) if the operator is required to hold an environmental authority for the disposal of more than 10,000 tonnes of waste in a year at the site—1 July 2019; or\n- (b) if the operator is required to hold an environmental authority for the disposal of more than 5,000 tonnes, but not more than 10,000 tonnes, of waste in a year at the site—1 July 2021; or\n- (c) for any other operator—1 July 2024.","sortOrder":81},{"sectionNumber":"sec.58","sectionType":"section","heading":"Weighbridge requirements","content":"### sec.58 Weighbridge requirements\n\nThis section applies to the operator of a waste disposal site at which a weighbridge is installed.\nThe operator must ensure that—\nthe installation and operation of the weighbridge complies with the requirements prescribed by regulation for the weighbridge; and\nthe weighbridge is kept in proper working order; and\na copy of any record of certification for the weighbridge obtained in complying with the National Measurement Act 1960 (Cwlth) is kept by the operator for 5 years after the certification.\nMaximum penalty—200 penalty units.\nIf the weighbridge is out of operation, the operator must—\nbring the weighbridge back into operation in the shortest practicable time; and\nkeep a written record detailing the period for which the weighbridge was out of operation and the reason it was out of operation.\nMaximum penalty—200 penalty units.\nFurther, if the weighbridge is out of operation for a period of more than 24 hours, the operator must notify the chief executive of the following details within 3 days after the weighbridge first became out of operation, whether or not the weighbridge is still out of operation—\nthe event that resulted in the weighbridge being out of operation;\nwhen the weighbridge first became out of operation;\nwhether the weighbridge is still out of operation;\nif the weighbridge is still out of operation—what actions are being taken to bring the weighbridge back into operation.\nMaximum penalty—200 penalty units.\nIf the weighbridge is still out of operation when the chief executive is notified under subsection (4) , the operator must notify the chief executive of its being brought back into operation within 3 days after it starts operating again.\nMaximum penalty—200 penalty units.\ns 58 prev s 58 om 2013 No. 6 s 31\npres s 58 ins 2019 No. 2 s 6\n(sec.58-ssec.1) This section applies to the operator of a waste disposal site at which a weighbridge is installed.\n(sec.58-ssec.2) The operator must ensure that— the installation and operation of the weighbridge complies with the requirements prescribed by regulation for the weighbridge; and the weighbridge is kept in proper working order; and a copy of any record of certification for the weighbridge obtained in complying with the National Measurement Act 1960 (Cwlth) is kept by the operator for 5 years after the certification. Maximum penalty—200 penalty units.\n(sec.58-ssec.3) If the weighbridge is out of operation, the operator must— bring the weighbridge back into operation in the shortest practicable time; and keep a written record detailing the period for which the weighbridge was out of operation and the reason it was out of operation. Maximum penalty—200 penalty units.\n(sec.58-ssec.4) Further, if the weighbridge is out of operation for a period of more than 24 hours, the operator must notify the chief executive of the following details within 3 days after the weighbridge first became out of operation, whether or not the weighbridge is still out of operation— the event that resulted in the weighbridge being out of operation; when the weighbridge first became out of operation; whether the weighbridge is still out of operation; if the weighbridge is still out of operation—what actions are being taken to bring the weighbridge back into operation. Maximum penalty—200 penalty units.\n(sec.58-ssec.5) If the weighbridge is still out of operation when the chief executive is notified under subsection (4) , the operator must notify the chief executive of its being brought back into operation within 3 days after it starts operating again. Maximum penalty—200 penalty units.\n- (a) the installation and operation of the weighbridge complies with the requirements prescribed by regulation for the weighbridge; and\n- (b) the weighbridge is kept in proper working order; and\n- (c) a copy of any record of certification for the weighbridge obtained in complying with the National Measurement Act 1960 (Cwlth) is kept by the operator for 5 years after the certification.\n- (a) bring the weighbridge back into operation in the shortest practicable time; and\n- (b) keep a written record detailing the period for which the weighbridge was out of operation and the reason it was out of operation.\n- (a) the event that resulted in the weighbridge being out of operation;\n- (b) when the weighbridge first became out of operation;\n- (c) whether the weighbridge is still out of operation;\n- (d) if the weighbridge is still out of operation—what actions are being taken to bring the weighbridge back into operation.","sortOrder":82},{"sectionNumber":"sec.59","sectionType":"section","heading":"When waste or other material must be measured","content":"### sec.59 When waste or other material must be measured\n\nWaste, or an amount of other material that is more than 1 tonne, is required to be measured if—\nit is delivered to a levyable waste disposal site; or\nafter being delivered to a levyable waste disposal site, it is moved to a place outside the site; or\nit is delivered in a vehicle with a GCM or GVM of more than 4.5 tonnes to a resource recovery area for a waste disposal site; or\nafter being delivered to a resource recovery area for a waste disposal site—\nit is moved from the area to any other part of the site; or\nit is moved to a place outside the site in a vehicle with a GCM or GVM of more than 4.5 tonnes.\nSubsection (1) does not apply in relation to a levyable waste disposal site in the non-levy zone if the operator of the site—\nis required to hold an environmental authority for the disposal of not more than 5,000 tonnes of waste in a year at the site; and\nhas taken all reasonable practical steps to ensure that levyable waste generated at a place outside the non-levy zone can not be lawfully delivered to the site.\ns 59 prev s 59 om 2013 No. 6 s 31\npres s 59 ins 2019 No. 2 s 6\n(sec.59-ssec.1) Waste, or an amount of other material that is more than 1 tonne, is required to be measured if— it is delivered to a levyable waste disposal site; or after being delivered to a levyable waste disposal site, it is moved to a place outside the site; or it is delivered in a vehicle with a GCM or GVM of more than 4.5 tonnes to a resource recovery area for a waste disposal site; or after being delivered to a resource recovery area for a waste disposal site— it is moved from the area to any other part of the site; or it is moved to a place outside the site in a vehicle with a GCM or GVM of more than 4.5 tonnes.\n(sec.59-ssec.2) Subsection (1) does not apply in relation to a levyable waste disposal site in the non-levy zone if the operator of the site— is required to hold an environmental authority for the disposal of not more than 5,000 tonnes of waste in a year at the site; and has taken all reasonable practical steps to ensure that levyable waste generated at a place outside the non-levy zone can not be lawfully delivered to the site.\n- (a) it is delivered to a levyable waste disposal site; or\n- (b) after being delivered to a levyable waste disposal site, it is moved to a place outside the site; or\n- (c) it is delivered in a vehicle with a GCM or GVM of more than 4.5 tonnes to a resource recovery area for a waste disposal site; or\n- (d) after being delivered to a resource recovery area for a waste disposal site— (i) it is moved from the area to any other part of the site; or (ii) it is moved to a place outside the site in a vehicle with a GCM or GVM of more than 4.5 tonnes.\n- (i) it is moved from the area to any other part of the site; or\n- (ii) it is moved to a place outside the site in a vehicle with a GCM or GVM of more than 4.5 tonnes.\n- (i) it is moved from the area to any other part of the site; or\n- (ii) it is moved to a place outside the site in a vehicle with a GCM or GVM of more than 4.5 tonnes.\n- (a) is required to hold an environmental authority for the disposal of not more than 5,000 tonnes of waste in a year at the site; and\n- (b) has taken all reasonable practical steps to ensure that levyable waste generated at a place outside the non-levy zone can not be lawfully delivered to the site.","sortOrder":83},{"sectionNumber":"sec.60","sectionType":"section","heading":"Measurement of waste by weighbridge","content":"### sec.60 Measurement of waste by weighbridge\n\nThis section applies if a weighbridge is installed at a waste disposal site, whether or not it is required under section 57 .\nEach time waste or other material is required to be measured under section 59 , the operator of the waste disposal site must ensure the weighbridge is used to measure and record the waste or other material.\nMaximum penalty—300 penalty units.\nSee also section 42 .\nHowever, if it is not practicable to use the weighbridge to measure and record a particular amount of waste or other material, the operator may measure and record the waste in the way the operator and the chief executive agree to in writing.\na large aircraft\na large amount of waste that is taken to be delivered to the levyable part of a waste disposal site because of a cancellation or revocation of the declaration of the resource recovery area\nThe operator of the waste disposal site must ensure a record made under subsection (2) includes the information required by the chief executive.\nMaximum penalty—300 penalty units.\nThe information required by the chief executive under subsection (4) must be published on the department’s website and may include only—\nthe type of waste or other material; and\nwhether the waste was generated in the waste levy zone, the non-levy zone or outside Queensland; and\ndetails of any exemption or discount applying to the waste; and\nthe vehicle used to move the waste or other material.\nIf the weighbridge is not in operation when an amount of waste or other material is required to be measured under section 59 , the operator of the waste disposal site must ensure the waste or other material is measured and recorded in compliance with the weight measurement criteria.\nMaximum penalty—300 penalty units.\ns 60 prev s 60 om 2013 No. 6 s 31\npres s 60 ins 2019 No. 2 s 6\n(sec.60-ssec.1) This section applies if a weighbridge is installed at a waste disposal site, whether or not it is required under section 57 .\n(sec.60-ssec.2) Each time waste or other material is required to be measured under section 59 , the operator of the waste disposal site must ensure the weighbridge is used to measure and record the waste or other material. Maximum penalty—300 penalty units. See also section 42 .\n(sec.60-ssec.3) However, if it is not practicable to use the weighbridge to measure and record a particular amount of waste or other material, the operator may measure and record the waste in the way the operator and the chief executive agree to in writing. a large aircraft a large amount of waste that is taken to be delivered to the levyable part of a waste disposal site because of a cancellation or revocation of the declaration of the resource recovery area\n(sec.60-ssec.4) The operator of the waste disposal site must ensure a record made under subsection (2) includes the information required by the chief executive. Maximum penalty—300 penalty units.\n(sec.60-ssec.5) The information required by the chief executive under subsection (4) must be published on the department’s website and may include only— the type of waste or other material; and whether the waste was generated in the waste levy zone, the non-levy zone or outside Queensland; and details of any exemption or discount applying to the waste; and the vehicle used to move the waste or other material.\n(sec.60-ssec.6) If the weighbridge is not in operation when an amount of waste or other material is required to be measured under section 59 , the operator of the waste disposal site must ensure the waste or other material is measured and recorded in compliance with the weight measurement criteria. Maximum penalty—300 penalty units.\n- • a large aircraft\n- • a large amount of waste that is taken to be delivered to the levyable part of a waste disposal site because of a cancellation or revocation of the declaration of the resource recovery area\n- (a) the type of waste or other material; and\n- (b) whether the waste was generated in the waste levy zone, the non-levy zone or outside Queensland; and\n- (c) details of any exemption or discount applying to the waste; and\n- (d) the vehicle used to move the waste or other material.","sortOrder":84},{"sectionNumber":"sec.61","sectionType":"section","heading":"Measurement of waste other than by weighbridge","content":"### sec.61 Measurement of waste other than by weighbridge\n\nThis section applies if a weighbridge is not installed at a waste disposal site.\nEach time waste or other material is required to be measured under section 59 , the operator of the waste disposal site must ensure the waste or other material is measured and recorded in compliance with the weight measurement criteria.\nMaximum penalty—300 penalty units.\nSee also section 42 .\nThe operator of the waste disposal site must ensure a record made under subsection (2) includes the information required by the chief executive.\nMaximum penalty—300 penalty units.\nThe information required by the chief executive under subsection (3) must be published on the department’s website and may include only—\nthe type of waste or material; and\nwhether the waste was generated in the waste levy zone, the non-levy zone or outside Queensland; and\ndetails of any exemption or discount applying to the waste; and\nthe vehicle used to move the waste or material.\ns 61 prev s 61 om 2013 No. 6 s 31\npres s 61 ins 2019 No. 2 s 6\n(sec.61-ssec.1) This section applies if a weighbridge is not installed at a waste disposal site.\n(sec.61-ssec.2) Each time waste or other material is required to be measured under section 59 , the operator of the waste disposal site must ensure the waste or other material is measured and recorded in compliance with the weight measurement criteria. Maximum penalty—300 penalty units. See also section 42 .\n(sec.61-ssec.3) The operator of the waste disposal site must ensure a record made under subsection (2) includes the information required by the chief executive. Maximum penalty—300 penalty units.\n(sec.61-ssec.4) The information required by the chief executive under subsection (3) must be published on the department’s website and may include only— the type of waste or material; and whether the waste was generated in the waste levy zone, the non-levy zone or outside Queensland; and details of any exemption or discount applying to the waste; and the vehicle used to move the waste or material.\n- (a) the type of waste or material; and\n- (b) whether the waste was generated in the waste levy zone, the non-levy zone or outside Queensland; and\n- (c) details of any exemption or discount applying to the waste; and\n- (d) the vehicle used to move the waste or material.","sortOrder":85},{"sectionNumber":"sec.62","sectionType":"section","heading":"What is a monitoring system","content":"### sec.62 What is a monitoring system\n\nA monitoring system is a closed-circuit television or another system the chief executive approves as a monitoring system by publishing details of the system on the department’s website.\ns 62 prev s 62 om 2013 No. 6 s 31\npres s 62 ins 2019 No. 2 s 6","sortOrder":86},{"sectionNumber":"sec.63","sectionType":"section","heading":"When monitoring system may be required by chief executive","content":"### sec.63 When monitoring system may be required by chief executive\n\nThis section applies if the chief executive reasonably believes the operator of a waste disposal site has not complied with the operator’s obligation under this chapter to pay the waste levy or give the chief executive a waste data return for the site.\nThe chief executive may, by notice given to the operator, require the operator to install, maintain and operate a monitoring system at the site to record vehicle movements at the locations (each a monitoring point ) stated in the notice.\nThe notice must also—\nstate the day by which the monitoring system must be installed; and\ninclude or be accompanied by an information notice for the chief executive’s decision to give the notice.\nThe operator must comply with the notice.\nMaximum penalty—200 penalty units.\ns 63 prev s 63 om 2013 No. 6 s 31\npres s 63 ins 2019 No. 2 s 6\n(sec.63-ssec.1) This section applies if the chief executive reasonably believes the operator of a waste disposal site has not complied with the operator’s obligation under this chapter to pay the waste levy or give the chief executive a waste data return for the site.\n(sec.63-ssec.2) The chief executive may, by notice given to the operator, require the operator to install, maintain and operate a monitoring system at the site to record vehicle movements at the locations (each a monitoring point ) stated in the notice.\n(sec.63-ssec.3) The notice must also— state the day by which the monitoring system must be installed; and include or be accompanied by an information notice for the chief executive’s decision to give the notice.\n(sec.63-ssec.4) The operator must comply with the notice. Maximum penalty—200 penalty units.\n- (a) state the day by which the monitoring system must be installed; and\n- (b) include or be accompanied by an information notice for the chief executive’s decision to give the notice.","sortOrder":87},{"sectionNumber":"sec.64","sectionType":"section","heading":"Requirements for monitoring system","content":"### sec.64 Requirements for monitoring system\n\nThis section applies to the operator of a waste disposal site given a notice under section 63 requiring the operator to install, maintain and operate a monitoring system.\nThe operator must comply with the obligations stated in subsections (3) and (5) .\nMaximum penalty—200 penalty units.\nThe operator must—\ndisplay signage at the waste disposal site in a way that is likely to make persons arriving at the site aware that a monitoring system is installed at the site; and\nensure the monitoring system—\nmeets the minimum requirements prescribed by regulation for the system; and\nis kept in proper working order; and\nrecords vehicles at each monitoring point in a way that identifies the vehicles; and\nan image of the vehicle’s registration\ncomply with any requirements prescribed by regulation about maintaining the monitoring system; and\nstore each recording in a secure place at the premises in compliance with any requirements prescribed by regulation for the storage; and\nkeep each recording available for inspection by an authorised person at the premises until the recording is erased or destroyed in compliance with paragraph (f) ; and\nensure a recording—\nis only erased or destroyed by the operator or a person approved by the operator; and\nis not erased or destroyed earlier than 60 days after it was made; and\nis erased or destroyed no later than 90 days after it was made.\nHowever, if a copy of a recording is given to an authorised person, the recording—\nneed only be kept available for inspection by an authorised person until the authorised person has confirmed by written notice that the recording is viewable; and\nmay be destroyed once the authorised person has confirmed by written notice that the recording is viewable.\nThe operator must not—\nallow the monitoring system to be operated by anyone other than—\nthe operator of the site; or\na person approved by the operator; or\nallow a recording to be viewed by anyone other than an authorised person or a person mentioned in paragraph (a) .\nIn this section—\nmonitoring point means a monitoring point under section 63 (2) .\nrecording means a video recording made by the monitoring system.\ns 64 prev s 64 om 2013 No. 6 s 31\npres s 64 ins 2019 No. 2 s 6\n(sec.64-ssec.1) This section applies to the operator of a waste disposal site given a notice under section 63 requiring the operator to install, maintain and operate a monitoring system.\n(sec.64-ssec.2) The operator must comply with the obligations stated in subsections (3) and (5) . Maximum penalty—200 penalty units.\n(sec.64-ssec.3) The operator must— display signage at the waste disposal site in a way that is likely to make persons arriving at the site aware that a monitoring system is installed at the site; and ensure the monitoring system— meets the minimum requirements prescribed by regulation for the system; and is kept in proper working order; and records vehicles at each monitoring point in a way that identifies the vehicles; and an image of the vehicle’s registration comply with any requirements prescribed by regulation about maintaining the monitoring system; and store each recording in a secure place at the premises in compliance with any requirements prescribed by regulation for the storage; and keep each recording available for inspection by an authorised person at the premises until the recording is erased or destroyed in compliance with paragraph (f) ; and ensure a recording— is only erased or destroyed by the operator or a person approved by the operator; and is not erased or destroyed earlier than 60 days after it was made; and is erased or destroyed no later than 90 days after it was made.\n(sec.64-ssec.4) However, if a copy of a recording is given to an authorised person, the recording— need only be kept available for inspection by an authorised person until the authorised person has confirmed by written notice that the recording is viewable; and may be destroyed once the authorised person has confirmed by written notice that the recording is viewable.\n(sec.64-ssec.5) The operator must not— allow the monitoring system to be operated by anyone other than— the operator of the site; or a person approved by the operator; or allow a recording to be viewed by anyone other than an authorised person or a person mentioned in paragraph (a) .\n(sec.64-ssec.6) In this section— monitoring point means a monitoring point under section 63 (2) . recording means a video recording made by the monitoring system.\n- (a) display signage at the waste disposal site in a way that is likely to make persons arriving at the site aware that a monitoring system is installed at the site; and\n- (b) ensure the monitoring system— (i) meets the minimum requirements prescribed by regulation for the system; and (ii) is kept in proper working order; and (iii) records vehicles at each monitoring point in a way that identifies the vehicles; and Example of a way that identifies a vehicle— an image of the vehicle’s registration\n- (i) meets the minimum requirements prescribed by regulation for the system; and\n- (ii) is kept in proper working order; and\n- (iii) records vehicles at each monitoring point in a way that identifies the vehicles; and Example of a way that identifies a vehicle— an image of the vehicle’s registration\n- (c) comply with any requirements prescribed by regulation about maintaining the monitoring system; and\n- (d) store each recording in a secure place at the premises in compliance with any requirements prescribed by regulation for the storage; and\n- (e) keep each recording available for inspection by an authorised person at the premises until the recording is erased or destroyed in compliance with paragraph (f) ; and\n- (f) ensure a recording— (i) is only erased or destroyed by the operator or a person approved by the operator; and (ii) is not erased or destroyed earlier than 60 days after it was made; and (iii) is erased or destroyed no later than 90 days after it was made.\n- (i) is only erased or destroyed by the operator or a person approved by the operator; and\n- (ii) is not erased or destroyed earlier than 60 days after it was made; and\n- (iii) is erased or destroyed no later than 90 days after it was made.\n- (i) meets the minimum requirements prescribed by regulation for the system; and\n- (ii) is kept in proper working order; and\n- (iii) records vehicles at each monitoring point in a way that identifies the vehicles; and Example of a way that identifies a vehicle— an image of the vehicle’s registration\n- (i) is only erased or destroyed by the operator or a person approved by the operator; and\n- (ii) is not erased or destroyed earlier than 60 days after it was made; and\n- (iii) is erased or destroyed no later than 90 days after it was made.\n- (a) need only be kept available for inspection by an authorised person until the authorised person has confirmed by written notice that the recording is viewable; and\n- (b) may be destroyed once the authorised person has confirmed by written notice that the recording is viewable.\n- (a) allow the monitoring system to be operated by anyone other than— (i) the operator of the site; or (ii) a person approved by the operator; or\n- (i) the operator of the site; or\n- (ii) a person approved by the operator; or\n- (b) allow a recording to be viewed by anyone other than an authorised person or a person mentioned in paragraph (a) .\n- (i) the operator of the site; or\n- (ii) a person approved by the operator; or","sortOrder":88},{"sectionNumber":"sec.65","sectionType":"section","heading":"Requirements if monitoring system stops operating","content":"### sec.65 Requirements if monitoring system stops operating\n\nThis section applies to the operator of a waste disposal site given a notice under section 63 requiring the operator to install, maintain and operate a monitoring system.\nIf the monitoring system stops recording, the operator must—\nbring the system back into operation in the shortest practicable time; and\nkeep a written record detailing the period within which the system was not recording and the reason it was not recording.\nMaximum penalty—100 penalty units.\nFurther, if any event results in the monitoring system not recording for any period of more than 24 hours, the operator must notify the chief executive of the following details within 3 days after the system stops recording, whether or not the system is still not recording—\nthe event that resulted in the monitoring system not recording;\nwhen the monitoring system stopped recording;\nwhether the monitoring system is still not recording;\nif the monitoring system is still not recording—what actions are being taken to bring the monitoring system back into operation.\nMaximum penalty—100 penalty units.\nIf the monitoring system is still not recording when the chief executive is notified under subsection (3) but later starts recording again, the operator must notify the chief executive that it is recording again within 3 days after it starts recording.\nMaximum penalty—100 penalty units.\ns 65 prev s 65 om 2013 No. 6 s 31\npres s 65 ins 2019 No. 2 s 6\n(sec.65-ssec.1) This section applies to the operator of a waste disposal site given a notice under section 63 requiring the operator to install, maintain and operate a monitoring system.\n(sec.65-ssec.2) If the monitoring system stops recording, the operator must— bring the system back into operation in the shortest practicable time; and keep a written record detailing the period within which the system was not recording and the reason it was not recording. Maximum penalty—100 penalty units.\n(sec.65-ssec.3) Further, if any event results in the monitoring system not recording for any period of more than 24 hours, the operator must notify the chief executive of the following details within 3 days after the system stops recording, whether or not the system is still not recording— the event that resulted in the monitoring system not recording; when the monitoring system stopped recording; whether the monitoring system is still not recording; if the monitoring system is still not recording—what actions are being taken to bring the monitoring system back into operation. Maximum penalty—100 penalty units.\n(sec.65-ssec.4) If the monitoring system is still not recording when the chief executive is notified under subsection (3) but later starts recording again, the operator must notify the chief executive that it is recording again within 3 days after it starts recording. Maximum penalty—100 penalty units.\n- (a) bring the system back into operation in the shortest practicable time; and\n- (b) keep a written record detailing the period within which the system was not recording and the reason it was not recording.\n- (a) the event that resulted in the monitoring system not recording;\n- (b) when the monitoring system stopped recording;\n- (c) whether the monitoring system is still not recording;\n- (d) if the monitoring system is still not recording—what actions are being taken to bring the monitoring system back into operation.","sortOrder":89},{"sectionNumber":"sec.66","sectionType":"section","heading":"Operators required to give chief executive plan for monitoring system","content":"### sec.66 Operators required to give chief executive plan for monitoring system\n\nThis section applies to the operator of a waste disposal site given a notice under section 63 requiring the operator to install, maintain and operate a monitoring system.\nThe operator must give the chief executive a plan for the monitoring system complying with subsection (3) within 21 days after the day the operator is required under the notice to install the monitoring system.\nMaximum penalty—40 penalty units.\nThe plan for the monitoring system must contain a diagram of the system indicating the following in relation to the waste disposal site—\nhow the components that comprise the system have been positioned;\nthe scope of the coverage of recordings by the system.\ns 66 prev s 66 om 2013 No. 6 s 31\npres s 66 ins 2019 No. 2 s 6\n(sec.66-ssec.1) This section applies to the operator of a waste disposal site given a notice under section 63 requiring the operator to install, maintain and operate a monitoring system.\n(sec.66-ssec.2) The operator must give the chief executive a plan for the monitoring system complying with subsection (3) within 21 days after the day the operator is required under the notice to install the monitoring system. Maximum penalty—40 penalty units.\n(sec.66-ssec.3) The plan for the monitoring system must contain a diagram of the system indicating the following in relation to the waste disposal site— how the components that comprise the system have been positioned; the scope of the coverage of recordings by the system.\n- (a) how the components that comprise the system have been positioned;\n- (b) the scope of the coverage of recordings by the system.","sortOrder":90},{"sectionNumber":"sec.67","sectionType":"section","heading":"Volumetric survey for levyable waste disposal site in waste levy zone","content":"### sec.67 Volumetric survey for levyable waste disposal site in waste levy zone\n\nFrom 1 June 2020, the operator of a levyable waste disposal site in the waste levy zone must, in each year, in compliance with the requirements for volumetric surveys under section 70 —\nensure that a volumetric survey is carried out in June for—\neach landfill cell where waste has been disposed of since the last volumetric survey required under this subdivision was carried out; and\nall stockpiled waste at the site; and\ngive the chief executive a copy of the results of the volumetric surveys required under paragraph (a) before the end of July.\nMaximum penalty—200 penalty units.\nThis section continues to apply to the operator—\nregardless of whether waste may no longer be delivered to the site; and\neven if the site ceases to be a levyable waste disposal site.\nHowever, if a matter mentioned in subsection (2) happens, the carrying out of the survey and the giving of a copy of the results to the chief executive may happen earlier than when otherwise required under subsection (1) .\nThis section does not apply to a small site until 1 June 2022.\ns 67 prev s 67 om 2013 No. 6 s 31\npres s 67 ins 2019 No. 2 s 6\n(sec.67-ssec.1) From 1 June 2020, the operator of a levyable waste disposal site in the waste levy zone must, in each year, in compliance with the requirements for volumetric surveys under section 70 — ensure that a volumetric survey is carried out in June for— each landfill cell where waste has been disposed of since the last volumetric survey required under this subdivision was carried out; and all stockpiled waste at the site; and give the chief executive a copy of the results of the volumetric surveys required under paragraph (a) before the end of July. Maximum penalty—200 penalty units.\n(sec.67-ssec.2) This section continues to apply to the operator— regardless of whether waste may no longer be delivered to the site; and even if the site ceases to be a levyable waste disposal site.\n(sec.67-ssec.3) However, if a matter mentioned in subsection (2) happens, the carrying out of the survey and the giving of a copy of the results to the chief executive may happen earlier than when otherwise required under subsection (1) .\n(sec.67-ssec.4) This section does not apply to a small site until 1 June 2022.\n- (a) ensure that a volumetric survey is carried out in June for— (i) each landfill cell where waste has been disposed of since the last volumetric survey required under this subdivision was carried out; and (ii) all stockpiled waste at the site; and\n- (i) each landfill cell where waste has been disposed of since the last volumetric survey required under this subdivision was carried out; and\n- (ii) all stockpiled waste at the site; and\n- (b) give the chief executive a copy of the results of the volumetric surveys required under paragraph (a) before the end of July.\n- (i) each landfill cell where waste has been disposed of since the last volumetric survey required under this subdivision was carried out; and\n- (ii) all stockpiled waste at the site; and\n- (a) regardless of whether waste may no longer be delivered to the site; and\n- (b) even if the site ceases to be a levyable waste disposal site.","sortOrder":91},{"sectionNumber":"sec.68","sectionType":"section","heading":"Volumetric survey for levyable waste disposal site in non-levy zone in particular circumstances","content":"### sec.68 Volumetric survey for levyable waste disposal site in non-levy zone in particular circumstances\n\nThis section applies to the operator of a levyable waste disposal site if—\nthe site is in the non-levy zone; and\neither—\nfrom 1 July 2019 to 31 December 2019—at least 300 tonnes of levyable waste, generated outside the non-levy zone, is received at the site; or\nfrom 1 January 2020—at least 600 tonnes of levyable waste, generated outside the non-levy zone, is received at the site during a year.\nThe operator of the levyable waste disposal site must—\nensure that a volumetric survey is carried out between 1 January and 30 June of the following year for—\neach active landfill cell at the site; and\nall stockpiled waste at the site; and\ngive the chief executive a copy of the results of the survey before the end of July in the following year.\nMaximum penalty—200 penalty units.\nThe volumetric survey must be carried out in compliance with the requirements applying for volumetric surveys under section 70 .\nThis section continues to apply to the operator—\nregardless of whether waste may no longer be delivered to the site; and\neven if the site ceases to be a levyable waste disposal site.\nHowever, if a matter mentioned in subsection (4) happens, the carrying out of the survey and the giving of a copy of the results to the chief executive may happen earlier than when otherwise required under subsection (2) .\nThis section does not apply to a small site until 1 June 2022.\ns 68 prev s 68 om 2013 No. 6 s 31\npres s 68 ins 2019 No. 2 s 6\n(sec.68-ssec.1) This section applies to the operator of a levyable waste disposal site if— the site is in the non-levy zone; and either— from 1 July 2019 to 31 December 2019—at least 300 tonnes of levyable waste, generated outside the non-levy zone, is received at the site; or from 1 January 2020—at least 600 tonnes of levyable waste, generated outside the non-levy zone, is received at the site during a year.\n(sec.68-ssec.2) The operator of the levyable waste disposal site must— ensure that a volumetric survey is carried out between 1 January and 30 June of the following year for— each active landfill cell at the site; and all stockpiled waste at the site; and give the chief executive a copy of the results of the survey before the end of July in the following year. Maximum penalty—200 penalty units.\n(sec.68-ssec.3) The volumetric survey must be carried out in compliance with the requirements applying for volumetric surveys under section 70 .\n(sec.68-ssec.4) This section continues to apply to the operator— regardless of whether waste may no longer be delivered to the site; and even if the site ceases to be a levyable waste disposal site.\n(sec.68-ssec.5) However, if a matter mentioned in subsection (4) happens, the carrying out of the survey and the giving of a copy of the results to the chief executive may happen earlier than when otherwise required under subsection (2) .\n(sec.68-ssec.6) This section does not apply to a small site until 1 June 2022.\n- (a) the site is in the non-levy zone; and\n- (b) either— (i) from 1 July 2019 to 31 December 2019—at least 300 tonnes of levyable waste, generated outside the non-levy zone, is received at the site; or (ii) from 1 January 2020—at least 600 tonnes of levyable waste, generated outside the non-levy zone, is received at the site during a year.\n- (i) from 1 July 2019 to 31 December 2019—at least 300 tonnes of levyable waste, generated outside the non-levy zone, is received at the site; or\n- (ii) from 1 January 2020—at least 600 tonnes of levyable waste, generated outside the non-levy zone, is received at the site during a year.\n- (i) from 1 July 2019 to 31 December 2019—at least 300 tonnes of levyable waste, generated outside the non-levy zone, is received at the site; or\n- (ii) from 1 January 2020—at least 600 tonnes of levyable waste, generated outside the non-levy zone, is received at the site during a year.\n- (a) ensure that a volumetric survey is carried out between 1 January and 30 June of the following year for— (i) each active landfill cell at the site; and (ii) all stockpiled waste at the site; and\n- (i) each active landfill cell at the site; and\n- (ii) all stockpiled waste at the site; and\n- (b) give the chief executive a copy of the results of the survey before the end of July in the following year.\n- (i) each active landfill cell at the site; and\n- (ii) all stockpiled waste at the site; and\n- (a) regardless of whether waste may no longer be delivered to the site; and\n- (b) even if the site ceases to be a levyable waste disposal site.","sortOrder":92},{"sectionNumber":"sec.69","sectionType":"section","heading":"Volumetric survey for new landfill cells","content":"### sec.69 Volumetric survey for new landfill cells\n\nThis section applies to the operator of—\na levyable waste disposal site in the waste levy zone; or\na levyable waste disposal site in the non-levy zone if at least 600 tonnes of levyable waste generated outside the non-levy zone was received at the site during the preceding 12 months.\nBefore a landfill cell is used for the first time for disposing of waste to landfill at the site, the operator of the site must, in compliance with the requirements applying for volumetric surveys under section 70 —\nensure that a volumetric survey is carried out for the landfill cell; and\nbefore the end of the month immediately following the month in which the volumetric survey is carried out, give the chief executive a copy of the results of the survey in the approved form.\nMaximum penalty—200 penalty units.\nThis section applies whether or not waste has previously been disposed of to landfill at the levyable waste disposal site.\ns 69 prev s 69 om 2013 No. 6 s 31\npres s 69 ins 2019 No. 2 s 6\n(sec.69-ssec.1) This section applies to the operator of— a levyable waste disposal site in the waste levy zone; or a levyable waste disposal site in the non-levy zone if at least 600 tonnes of levyable waste generated outside the non-levy zone was received at the site during the preceding 12 months.\n(sec.69-ssec.2) Before a landfill cell is used for the first time for disposing of waste to landfill at the site, the operator of the site must, in compliance with the requirements applying for volumetric surveys under section 70 — ensure that a volumetric survey is carried out for the landfill cell; and before the end of the month immediately following the month in which the volumetric survey is carried out, give the chief executive a copy of the results of the survey in the approved form. Maximum penalty—200 penalty units.\n(sec.69-ssec.3) This section applies whether or not waste has previously been disposed of to landfill at the levyable waste disposal site.\n- (a) a levyable waste disposal site in the waste levy zone; or\n- (b) a levyable waste disposal site in the non-levy zone if at least 600 tonnes of levyable waste generated outside the non-levy zone was received at the site during the preceding 12 months.\n- (a) ensure that a volumetric survey is carried out for the landfill cell; and\n- (b) before the end of the month immediately following the month in which the volumetric survey is carried out, give the chief executive a copy of the results of the survey in the approved form.","sortOrder":93},{"sectionNumber":"sec.70","sectionType":"section","heading":"Requirements for volumetric surveys","content":"### sec.70 Requirements for volumetric surveys\n\nThis section states the requirements for carrying out volumetric surveys under this subdivision.\nA volumetric survey must be carried out in compliance with the requirements prescribed by regulation.\nThe results of the volumetric survey must—\nbe in the approved form; and\nbe accompanied by a topographical plan complying with specifications advised by the chief executive; and\nbe certified as accurate by a surveyor under the Surveyors Act 2003 .\ns 70 prev s 70 om 2013 No. 6 s 31\npres s 70 ins 2019 No. 2 s 6\n(sec.70-ssec.1) This section states the requirements for carrying out volumetric surveys under this subdivision.\n(sec.70-ssec.2) A volumetric survey must be carried out in compliance with the requirements prescribed by regulation.\n(sec.70-ssec.3) The results of the volumetric survey must— be in the approved form; and be accompanied by a topographical plan complying with specifications advised by the chief executive; and be certified as accurate by a surveyor under the Surveyors Act 2003 .\n- (a) be in the approved form; and\n- (b) be accompanied by a topographical plan complying with specifications advised by the chief executive; and\n- (c) be certified as accurate by a surveyor under the Surveyors Act 2003 .","sortOrder":94},{"sectionNumber":"sec.71","sectionType":"section","heading":"Failure to carry out volumetric survey or give chief executive the results","content":"### sec.71 Failure to carry out volumetric survey or give chief executive the results\n\nThis section applies if the operator of a levyable waste disposal site fails—\nto comply with a requirement under this subdivision to carry out a volumetric survey; or\nto give a copy of the results of a volumetric survey to the chief executive.\nThe chief executive may arrange for the volumetric survey to be carried out at the site and for that purpose may direct an authorised person to enter the site to facilitate the carrying out of the survey.\nThe chief executive may recover the reasonable cost of the survey from the operator as a debt payable by the operator to the State.\ns 71 prev s 71 om 2013 No. 6 s 31\npres s 71 ins 2019 No. 2 s 6\n(sec.71-ssec.1) This section applies if the operator of a levyable waste disposal site fails— to comply with a requirement under this subdivision to carry out a volumetric survey; or to give a copy of the results of a volumetric survey to the chief executive.\n(sec.71-ssec.2) The chief executive may arrange for the volumetric survey to be carried out at the site and for that purpose may direct an authorised person to enter the site to facilitate the carrying out of the survey.\n(sec.71-ssec.3) The chief executive may recover the reasonable cost of the survey from the operator as a debt payable by the operator to the State.\n- (a) to comply with a requirement under this subdivision to carry out a volumetric survey; or\n- (b) to give a copy of the results of a volumetric survey to the chief executive.","sortOrder":95},{"sectionNumber":"sec.72","sectionType":"section","heading":"Submission of waste data returns","content":"### sec.72 Submission of waste data returns\n\nThe operator of a levyable waste disposal site must give the chief executive the returns (each a waste data return ) required of the operator under subsections (2) and (3) —\nby the due date for the site; and\nin the way decided by the chief executive as published on the department’s website.\nMaximum penalty—300 penalty units.\nEach of the following operators must give the chief executive a summary data return—\nthe operator of a levyable waste disposal site in the waste levy zone;\nthe operator of a levyable waste disposal site in the non-levy zone if any levyable waste, generated at a place outside the non-levy zone, is received at the site during the levy period to which the return relates.\nEach of the following operators must give the chief executive a detailed data return—\nthe operator of a levyable waste disposal site in the waste levy zone if—\nthe operator is required to hold an environmental authority for the disposal of more than 10,000 tonnes of waste in a year at the site; or\nfrom 1 July 2021—the operator is required to hold an environmental authority for the disposal of more than 5,000 tonnes, but not more than 10,000 tonnes, of waste in a year at the site; or\nfrom 1 July 2024—the operator is not mentioned in subparagraph (i) or (ii) ;\nthe operator of a levyable waste disposal site in the non-levy zone if—\nthe operator is required to hold an environmental authority for the disposal of more than 10,000 tonnes of waste in a year at the site; and\nat least 50 tonnes of levyable waste, generated outside the non-levy zone, is received at the site during the levy period to which the return relates.\nIn this section—\ndetailed data return means a return providing comprehensive information about all movements of waste and other material required to be measured under section 59 .\ndue date , for a levyable waste disposal site, means—\nthe end of the last business day of the month following the end of a levy period for the site; or\nif the chief executive grants an extension of time under section 72G , 72H or 72I for submitting the returns for the site—the end of the extension.\nsummary data return means a return providing a summary of information, required to be measured under section 59 , that the chief executive may use to calculate amounts payable for a particular levy period for a levyable waste disposal site.\ns 72 prev s 72 om 2013 No. 6 s 31\npres s 72 ins 2019 No. 2 s 6\n(sec.72-ssec.1) The operator of a levyable waste disposal site must give the chief executive the returns (each a waste data return ) required of the operator under subsections (2) and (3) — by the due date for the site; and in the way decided by the chief executive as published on the department’s website. Maximum penalty—300 penalty units.\n(sec.72-ssec.2) Each of the following operators must give the chief executive a summary data return— the operator of a levyable waste disposal site in the waste levy zone; the operator of a levyable waste disposal site in the non-levy zone if any levyable waste, generated at a place outside the non-levy zone, is received at the site during the levy period to which the return relates.\n(sec.72-ssec.3) Each of the following operators must give the chief executive a detailed data return— the operator of a levyable waste disposal site in the waste levy zone if— the operator is required to hold an environmental authority for the disposal of more than 10,000 tonnes of waste in a year at the site; or from 1 July 2021—the operator is required to hold an environmental authority for the disposal of more than 5,000 tonnes, but not more than 10,000 tonnes, of waste in a year at the site; or from 1 July 2024—the operator is not mentioned in subparagraph (i) or (ii) ; the operator of a levyable waste disposal site in the non-levy zone if— the operator is required to hold an environmental authority for the disposal of more than 10,000 tonnes of waste in a year at the site; and at least 50 tonnes of levyable waste, generated outside the non-levy zone, is received at the site during the levy period to which the return relates.\n(sec.72-ssec.5) In this section— detailed data return means a return providing comprehensive information about all movements of waste and other material required to be measured under section 59 . due date , for a levyable waste disposal site, means— the end of the last business day of the month following the end of a levy period for the site; or if the chief executive grants an extension of time under section 72G , 72H or 72I for submitting the returns for the site—the end of the extension. summary data return means a return providing a summary of information, required to be measured under section 59 , that the chief executive may use to calculate amounts payable for a particular levy period for a levyable waste disposal site.\n- (a) by the due date for the site; and\n- (b) in the way decided by the chief executive as published on the department’s website.\n- (a) the operator of a levyable waste disposal site in the waste levy zone;\n- (b) the operator of a levyable waste disposal site in the non-levy zone if any levyable waste, generated at a place outside the non-levy zone, is received at the site during the levy period to which the return relates.\n- (a) the operator of a levyable waste disposal site in the waste levy zone if— (i) the operator is required to hold an environmental authority for the disposal of more than 10,000 tonnes of waste in a year at the site; or (ii) from 1 July 2021—the operator is required to hold an environmental authority for the disposal of more than 5,000 tonnes, but not more than 10,000 tonnes, of waste in a year at the site; or (iii) from 1 July 2024—the operator is not mentioned in subparagraph (i) or (ii) ;\n- (i) the operator is required to hold an environmental authority for the disposal of more than 10,000 tonnes of waste in a year at the site; or\n- (ii) from 1 July 2021—the operator is required to hold an environmental authority for the disposal of more than 5,000 tonnes, but not more than 10,000 tonnes, of waste in a year at the site; or\n- (iii) from 1 July 2024—the operator is not mentioned in subparagraph (i) or (ii) ;\n- (b) the operator of a levyable waste disposal site in the non-levy zone if— (i) the operator is required to hold an environmental authority for the disposal of more than 10,000 tonnes of waste in a year at the site; and (ii) at least 50 tonnes of levyable waste, generated outside the non-levy zone, is received at the site during the levy period to which the return relates.\n- (i) the operator is required to hold an environmental authority for the disposal of more than 10,000 tonnes of waste in a year at the site; and\n- (ii) at least 50 tonnes of levyable waste, generated outside the non-levy zone, is received at the site during the levy period to which the return relates.\n- (i) the operator is required to hold an environmental authority for the disposal of more than 10,000 tonnes of waste in a year at the site; or\n- (ii) from 1 July 2021—the operator is required to hold an environmental authority for the disposal of more than 5,000 tonnes, but not more than 10,000 tonnes, of waste in a year at the site; or\n- (iii) from 1 July 2024—the operator is not mentioned in subparagraph (i) or (ii) ;\n- (i) the operator is required to hold an environmental authority for the disposal of more than 10,000 tonnes of waste in a year at the site; and\n- (ii) at least 50 tonnes of levyable waste, generated outside the non-levy zone, is received at the site during the levy period to which the return relates.\n- (a) the end of the last business day of the month following the end of a levy period for the site; or\n- (b) if the chief executive grants an extension of time under section 72G , 72H or 72I for submitting the returns for the site—the end of the extension.","sortOrder":96},{"sectionNumber":"sec.72A","sectionType":"section","heading":"Operator of levyable waste disposal site to keep particular documents","content":"### sec.72A Operator of levyable waste disposal site to keep particular documents\n\nThe operator of a levyable waste disposal site must keep at the site, or at another place agreed to by the chief executive and the operator, each of the following documents for the period stated for the document—\na copy of a waste data return for 5 years after the return is given to the chief executive;\nrecords containing any information that was used to support the preparation of a waste data return, including each of the following records, for 5 years after the return is given to the chief executive—\nweighbridge records;\nif weight measurement criteria were used—records of vehicles delivering waste to the site;\nfor small sites that have used an alternative methodology under section 325 , records that enable the chief executive to fairly work out the total waste levy amount owing for the site in a levy period;\na record required to be kept under section 58 (3) (b) and section 65 (2) (b) for 5 years after the record is made;\na copy of the results of a volumetric survey of a landfill cell at the site for 5 years after the survey is carried out;\na copy of the results of a volumetric survey of stockpiled waste at the site for 5 years after the survey is carried out;\na copy of a notice the operator is required to give the chief executive under this chapter for 5 years after giving the notice;\nany other record prescribed by regulation for the period prescribed by regulation.\nMaximum penalty—300 penalty units.\ns 72A ins 2019 No. 2 s 6\n- (a) a copy of a waste data return for 5 years after the return is given to the chief executive;\n- (b) records containing any information that was used to support the preparation of a waste data return, including each of the following records, for 5 years after the return is given to the chief executive— (i) weighbridge records; (ii) if weight measurement criteria were used—records of vehicles delivering waste to the site; (iii) for small sites that have used an alternative methodology under section 325 , records that enable the chief executive to fairly work out the total waste levy amount owing for the site in a levy period;\n- (i) weighbridge records;\n- (ii) if weight measurement criteria were used—records of vehicles delivering waste to the site;\n- (iii) for small sites that have used an alternative methodology under section 325 , records that enable the chief executive to fairly work out the total waste levy amount owing for the site in a levy period;\n- (c) a record required to be kept under section 58 (3) (b) and section 65 (2) (b) for 5 years after the record is made;\n- (d) a copy of the results of a volumetric survey of a landfill cell at the site for 5 years after the survey is carried out;\n- (e) a copy of the results of a volumetric survey of stockpiled waste at the site for 5 years after the survey is carried out;\n- (f) a copy of a notice the operator is required to give the chief executive under this chapter for 5 years after giving the notice;\n- (g) any other record prescribed by regulation for the period prescribed by regulation.\n- (i) weighbridge records;\n- (ii) if weight measurement criteria were used—records of vehicles delivering waste to the site;\n- (iii) for small sites that have used an alternative methodology under section 325 , records that enable the chief executive to fairly work out the total waste levy amount owing for the site in a levy period;","sortOrder":97},{"sectionNumber":"ch.3-pt.5-div.3","sectionType":"division","heading":"Payment options","content":"## Payment options","sortOrder":98},{"sectionNumber":"sec.72B","sectionType":"section","heading":"Waste levy instalment agreement","content":"### sec.72B Waste levy instalment agreement\n\nA waste levy instalment agreement is an agreement between the operator of a levyable waste disposal site and the chief executive providing for the payment by instalments of a waste levy amount owed by the operator instead of in compliance with the requirements that would otherwise apply under this chapter for the payment of the amount.\nA waste levy instalment agreement may relate to 2 or more levyable waste disposal sites for which the same person is the operator.\ns 72B ins 2019 No. 2 s 6\n(sec.72B-ssec.1) A waste levy instalment agreement is an agreement between the operator of a levyable waste disposal site and the chief executive providing for the payment by instalments of a waste levy amount owed by the operator instead of in compliance with the requirements that would otherwise apply under this chapter for the payment of the amount.\n(sec.72B-ssec.2) A waste levy instalment agreement may relate to 2 or more levyable waste disposal sites for which the same person is the operator.","sortOrder":99},{"sectionNumber":"sec.72C","sectionType":"section","heading":"Application for waste levy instalment agreement","content":"### sec.72C Application for waste levy instalment agreement\n\nThe operator of a levyable waste disposal site may apply to the chief executive to enter into a waste levy instalment agreement for a waste levy amount the operator must pay the State.\nThe application must be in the approved form and be accompanied by—\na description of the operator’s financial situation that caused the operator’s inability to pay the waste levy amount by the due date for payment and how the financial situation came about; and\nup-to-date management and financial records to verify the information given under paragraph (a) .\nThe chief executive must, within 20 days after receiving the application, decide either to grant or to refuse the application and—\nif the decision is to grant the application—give the operator a notice stating—\nthe terms of the waste levy instalment agreement; and\nthe period within which all waste levy amounts must be paid under the waste levy instalment agreement; or\nif the decision is to refuse the application—give the operator an information notice for the decision.\nThe chief executive may grant the application only if satisfied the applicant has demonstrated—\nan inability to pay the waste levy amount within the time required under this chapter; and\nhow entering into the waste levy instalment agreement will allow the applicant to pay the waste levy amount while at the same time allowing the applicant to pay future waste levy amounts.\nHowever—\nthere may be only 1 waste levy instalment agreement in force between the operator of a levyable waste disposal site and the chief executive at any time; and\nonly 1 waste levy instalment agreement may be entered into between the operator of a levyable waste disposal site and the chief executive in a financial year; and\nthe period within which all waste levy amounts must be paid under the waste levy instalment agreement must not be longer than 6 months after the agreement is entered into.\nA failure to make a decision within the period required is taken to be a decision by the chief executive to refuse the application.\ns 72C ins 2019 No. 2 s 6\n(sec.72C-ssec.1) The operator of a levyable waste disposal site may apply to the chief executive to enter into a waste levy instalment agreement for a waste levy amount the operator must pay the State.\n(sec.72C-ssec.2) The application must be in the approved form and be accompanied by— a description of the operator’s financial situation that caused the operator’s inability to pay the waste levy amount by the due date for payment and how the financial situation came about; and up-to-date management and financial records to verify the information given under paragraph (a) .\n(sec.72C-ssec.3) The chief executive must, within 20 days after receiving the application, decide either to grant or to refuse the application and— if the decision is to grant the application—give the operator a notice stating— the terms of the waste levy instalment agreement; and the period within which all waste levy amounts must be paid under the waste levy instalment agreement; or if the decision is to refuse the application—give the operator an information notice for the decision.\n(sec.72C-ssec.4) The chief executive may grant the application only if satisfied the applicant has demonstrated— an inability to pay the waste levy amount within the time required under this chapter; and how entering into the waste levy instalment agreement will allow the applicant to pay the waste levy amount while at the same time allowing the applicant to pay future waste levy amounts.\n(sec.72C-ssec.5) However— there may be only 1 waste levy instalment agreement in force between the operator of a levyable waste disposal site and the chief executive at any time; and only 1 waste levy instalment agreement may be entered into between the operator of a levyable waste disposal site and the chief executive in a financial year; and the period within which all waste levy amounts must be paid under the waste levy instalment agreement must not be longer than 6 months after the agreement is entered into.\n(sec.72C-ssec.6) A failure to make a decision within the period required is taken to be a decision by the chief executive to refuse the application.\n- (a) a description of the operator’s financial situation that caused the operator’s inability to pay the waste levy amount by the due date for payment and how the financial situation came about; and\n- (b) up-to-date management and financial records to verify the information given under paragraph (a) .\n- (a) if the decision is to grant the application—give the operator a notice stating— (i) the terms of the waste levy instalment agreement; and (ii) the period within which all waste levy amounts must be paid under the waste levy instalment agreement; or\n- (i) the terms of the waste levy instalment agreement; and\n- (ii) the period within which all waste levy amounts must be paid under the waste levy instalment agreement; or\n- (b) if the decision is to refuse the application—give the operator an information notice for the decision.\n- (i) the terms of the waste levy instalment agreement; and\n- (ii) the period within which all waste levy amounts must be paid under the waste levy instalment agreement; or\n- (a) an inability to pay the waste levy amount within the time required under this chapter; and\n- (b) how entering into the waste levy instalment agreement will allow the applicant to pay the waste levy amount while at the same time allowing the applicant to pay future waste levy amounts.\n- (a) there may be only 1 waste levy instalment agreement in force between the operator of a levyable waste disposal site and the chief executive at any time; and\n- (b) only 1 waste levy instalment agreement may be entered into between the operator of a levyable waste disposal site and the chief executive in a financial year; and\n- (c) the period within which all waste levy amounts must be paid under the waste levy instalment agreement must not be longer than 6 months after the agreement is entered into.","sortOrder":100},{"sectionNumber":"sec.72D","sectionType":"section","heading":"Amendment of waste levy instalment agreement","content":"### sec.72D Amendment of waste levy instalment agreement\n\nThe operator of a levyable waste disposal site may apply to the chief executive for an amendment of a waste levy instalment agreement to—\ninclude an additional waste levy amount; or\nextend the period for the repayment of the total waste levy amount the subject of the agreement.\nHowever—\nany additional waste levy amount must not be greater than 10% of the total waste levy amount owing by the operator when the application is made, other than an amount already the subject of the agreement; and\nthe period of any extension must not be more than 3 months; and\nthe operator must not have previously made an application for the amendment of the waste levy instalment agreement.\nThe application must be in the approved form and state—\nany additional waste levy amount sought to be included in the agreement; and\nthe length of any extension sought; and\nthe changes in the applicant’s circumstances that have caused the applicant to seek the amendment.\nThe chief executive must, within 20 days after receiving the application, decide either to grant or to refuse the application and—\nif the decision is to grant the application—give the operator a notice stating—\nthe terms of the amended waste levy instalment agreement; and\nthe period within which all waste levy amounts must be paid under the amended waste levy instalment agreement; or\nif the decision is to refuse the application—give the operator an information notice for the decision.\nThe chief executive may grant the application only if satisfied the applicant has demonstrated—\nan inability to pay waste levy amounts owing within the time provided for in the agreement; and\nhow amendment of the agreement will allow the applicant to pay all waste levy amounts owing and future waste levy amounts.\nThe making of an application under this section does not of itself affect the applicant’s obligations under the waste levy instalment agreement sought to be amended.\ns 72D ins 2019 No. 2 s 6\n(sec.72D-ssec.1) The operator of a levyable waste disposal site may apply to the chief executive for an amendment of a waste levy instalment agreement to— include an additional waste levy amount; or extend the period for the repayment of the total waste levy amount the subject of the agreement.\n(sec.72D-ssec.2) However— any additional waste levy amount must not be greater than 10% of the total waste levy amount owing by the operator when the application is made, other than an amount already the subject of the agreement; and the period of any extension must not be more than 3 months; and the operator must not have previously made an application for the amendment of the waste levy instalment agreement.\n(sec.72D-ssec.3) The application must be in the approved form and state— any additional waste levy amount sought to be included in the agreement; and the length of any extension sought; and the changes in the applicant’s circumstances that have caused the applicant to seek the amendment.\n(sec.72D-ssec.4) The chief executive must, within 20 days after receiving the application, decide either to grant or to refuse the application and— if the decision is to grant the application—give the operator a notice stating— the terms of the amended waste levy instalment agreement; and the period within which all waste levy amounts must be paid under the amended waste levy instalment agreement; or if the decision is to refuse the application—give the operator an information notice for the decision.\n(sec.72D-ssec.5) The chief executive may grant the application only if satisfied the applicant has demonstrated— an inability to pay waste levy amounts owing within the time provided for in the agreement; and how amendment of the agreement will allow the applicant to pay all waste levy amounts owing and future waste levy amounts.\n(sec.72D-ssec.6) The making of an application under this section does not of itself affect the applicant’s obligations under the waste levy instalment agreement sought to be amended.\n- (a) include an additional waste levy amount; or\n- (b) extend the period for the repayment of the total waste levy amount the subject of the agreement.\n- (a) any additional waste levy amount must not be greater than 10% of the total waste levy amount owing by the operator when the application is made, other than an amount already the subject of the agreement; and\n- (b) the period of any extension must not be more than 3 months; and\n- (c) the operator must not have previously made an application for the amendment of the waste levy instalment agreement.\n- (a) any additional waste levy amount sought to be included in the agreement; and\n- (b) the length of any extension sought; and\n- (c) the changes in the applicant’s circumstances that have caused the applicant to seek the amendment.\n- (a) if the decision is to grant the application—give the operator a notice stating— (i) the terms of the amended waste levy instalment agreement; and (ii) the period within which all waste levy amounts must be paid under the amended waste levy instalment agreement; or\n- (i) the terms of the amended waste levy instalment agreement; and\n- (ii) the period within which all waste levy amounts must be paid under the amended waste levy instalment agreement; or\n- (b) if the decision is to refuse the application—give the operator an information notice for the decision.\n- (i) the terms of the amended waste levy instalment agreement; and\n- (ii) the period within which all waste levy amounts must be paid under the amended waste levy instalment agreement; or\n- (a) an inability to pay waste levy amounts owing within the time provided for in the agreement; and\n- (b) how amendment of the agreement will allow the applicant to pay all waste levy amounts owing and future waste levy amounts.","sortOrder":101},{"sectionNumber":"sec.72E","sectionType":"section","heading":"Interest affected by waste levy instalment agreement","content":"### sec.72E Interest affected by waste levy instalment agreement\n\nSubsection (2) applies for a waste levy instalment agreement if—\nthe application for the agreement was made after the due date for payment of a waste levy amount the subject of the application; and\nthe agreement is entered into.\nInterest is payable under this chapter up to the day the application was made and must be paid on or before the due date for payment of the next waste levy amount.\nIf an application for a waste levy instalment agreement is refused, the requirements under this chapter for the payment of interest continue to apply unaffected by the making or refusal of the application.\ns 72E ins 2019 No. 2 s 6\n(sec.72E-ssec.1) Subsection (2) applies for a waste levy instalment agreement if— the application for the agreement was made after the due date for payment of a waste levy amount the subject of the application; and the agreement is entered into.\n(sec.72E-ssec.2) Interest is payable under this chapter up to the day the application was made and must be paid on or before the due date for payment of the next waste levy amount.\n(sec.72E-ssec.3) If an application for a waste levy instalment agreement is refused, the requirements under this chapter for the payment of interest continue to apply unaffected by the making or refusal of the application.\n- (a) the application for the agreement was made after the due date for payment of a waste levy amount the subject of the application; and\n- (b) the agreement is entered into.","sortOrder":102},{"sectionNumber":"sec.72F","sectionType":"section","heading":"Failure to pay an instalment under waste levy instalment agreement","content":"### sec.72F Failure to pay an instalment under waste levy instalment agreement\n\nIf an instalment of a waste levy amount is not paid on or before an instalment day under a waste levy instalment agreement—\nthe waste levy instalment agreement is taken to be no longer in force; and\nthe due date for payment of any waste levy amount provided for in the agreement becomes—\nif the amount, apart from the agreement, would have been required to be paid on a day later than the instalment day—the later day; or\nif the amount, apart from the agreement, would have been required to be paid on a day earlier than the instalment day—the day after the instalment day, or if that day is not a business day, the next business day; and\nfor an amount mentioned in paragraph (b) (ii) , interest becomes payable on the amount as if the waste levy instalment agreement had not been entered into, but only on and from the day after the instalment day, whether or not the day after the instalment day is a business day.\nIn this section—\ninstalment day , under a waste levy instalment agreement, means a day when a payment is due under the agreement.\ns 72F ins 2019 No. 2 s 6\n(sec.72F-ssec.1) If an instalment of a waste levy amount is not paid on or before an instalment day under a waste levy instalment agreement— the waste levy instalment agreement is taken to be no longer in force; and the due date for payment of any waste levy amount provided for in the agreement becomes— if the amount, apart from the agreement, would have been required to be paid on a day later than the instalment day—the later day; or if the amount, apart from the agreement, would have been required to be paid on a day earlier than the instalment day—the day after the instalment day, or if that day is not a business day, the next business day; and for an amount mentioned in paragraph (b) (ii) , interest becomes payable on the amount as if the waste levy instalment agreement had not been entered into, but only on and from the day after the instalment day, whether or not the day after the instalment day is a business day.\n(sec.72F-ssec.2) In this section— instalment day , under a waste levy instalment agreement, means a day when a payment is due under the agreement.\n- (a) the waste levy instalment agreement is taken to be no longer in force; and\n- (b) the due date for payment of any waste levy amount provided for in the agreement becomes— (i) if the amount, apart from the agreement, would have been required to be paid on a day later than the instalment day—the later day; or (ii) if the amount, apart from the agreement, would have been required to be paid on a day earlier than the instalment day—the day after the instalment day, or if that day is not a business day, the next business day; and\n- (i) if the amount, apart from the agreement, would have been required to be paid on a day later than the instalment day—the later day; or\n- (ii) if the amount, apart from the agreement, would have been required to be paid on a day earlier than the instalment day—the day after the instalment day, or if that day is not a business day, the next business day; and\n- (c) for an amount mentioned in paragraph (b) (ii) , interest becomes payable on the amount as if the waste levy instalment agreement had not been entered into, but only on and from the day after the instalment day, whether or not the day after the instalment day is a business day.\n- (i) if the amount, apart from the agreement, would have been required to be paid on a day later than the instalment day—the later day; or\n- (ii) if the amount, apart from the agreement, would have been required to be paid on a day earlier than the instalment day—the day after the instalment day, or if that day is not a business day, the next business day; and","sortOrder":103},{"sectionNumber":"sec.72G","sectionType":"section","heading":"Application for extension of time to pay waste levy amount","content":"### sec.72G Application for extension of time to pay waste levy amount\n\nThe operator of a levyable waste disposal site may apply to the chief executive for an extension of time to pay a waste levy amount if the operator believes the operator can not pay the amount by the due date for payment of the amount.\nHowever—\nthe extension of time can not be for more than 1 month; and\nthe operator can not apply for the extension of time if the operator is conducting operations at the site for which the operator does not hold an environmental authority; and\nthe operator can not make more than—\n1 application for an extension of time under this section or section 72H for the payment of the same waste levy amount; or\n2 applications under this section or section 72H in a financial year.\nThe application must—\nbe made before the due date for payment of the waste levy amount; and\nstate the reasons why the extension is being applied for.\nThe chief executive must, within 5 business days after the due date for payment of the waste levy amount, decide either to grant or to refuse the application and—\nif the decision is to grant the application—give the applicant a notice stating a new due date for payment of the waste levy amount; or\nif the decision is to refuse the application—give the applicant an information notice for the decision.\nThe chief executive may grant the application only if satisfied that it is not reasonable to expect the applicant to pay the waste levy amount by the due date for payment.\nThe operator has suffered a significant disruption to electricity supply or an extensive computer malfunction.\nA failure to make a decision within the period required is taken to be a decision by the chief executive to refuse the application.\ns 72G ins 2019 No. 2 s 6\n(sec.72G-ssec.1) The operator of a levyable waste disposal site may apply to the chief executive for an extension of time to pay a waste levy amount if the operator believes the operator can not pay the amount by the due date for payment of the amount.\n(sec.72G-ssec.2) However— the extension of time can not be for more than 1 month; and the operator can not apply for the extension of time if the operator is conducting operations at the site for which the operator does not hold an environmental authority; and the operator can not make more than— 1 application for an extension of time under this section or section 72H for the payment of the same waste levy amount; or 2 applications under this section or section 72H in a financial year.\n(sec.72G-ssec.3) The application must— be made before the due date for payment of the waste levy amount; and state the reasons why the extension is being applied for.\n(sec.72G-ssec.4) The chief executive must, within 5 business days after the due date for payment of the waste levy amount, decide either to grant or to refuse the application and— if the decision is to grant the application—give the applicant a notice stating a new due date for payment of the waste levy amount; or if the decision is to refuse the application—give the applicant an information notice for the decision.\n(sec.72G-ssec.5) The chief executive may grant the application only if satisfied that it is not reasonable to expect the applicant to pay the waste levy amount by the due date for payment. The operator has suffered a significant disruption to electricity supply or an extensive computer malfunction.\n(sec.72G-ssec.6) A failure to make a decision within the period required is taken to be a decision by the chief executive to refuse the application.\n- (a) the extension of time can not be for more than 1 month; and\n- (b) the operator can not apply for the extension of time if the operator is conducting operations at the site for which the operator does not hold an environmental authority; and\n- (c) the operator can not make more than— (i) 1 application for an extension of time under this section or section 72H for the payment of the same waste levy amount; or (ii) 2 applications under this section or section 72H in a financial year.\n- (i) 1 application for an extension of time under this section or section 72H for the payment of the same waste levy amount; or\n- (ii) 2 applications under this section or section 72H in a financial year.\n- (i) 1 application for an extension of time under this section or section 72H for the payment of the same waste levy amount; or\n- (ii) 2 applications under this section or section 72H in a financial year.\n- (a) be made before the due date for payment of the waste levy amount; and\n- (b) state the reasons why the extension is being applied for.\n- (a) if the decision is to grant the application—give the applicant a notice stating a new due date for payment of the waste levy amount; or\n- (b) if the decision is to refuse the application—give the applicant an information notice for the decision.","sortOrder":104},{"sectionNumber":"sec.72H","sectionType":"section","heading":"Application for extension of time to submit waste data return and pay waste levy amount","content":"### sec.72H Application for extension of time to submit waste data return and pay waste levy amount\n\nThe operator of a levyable waste disposal site may apply to the chief executive for an extension of time to submit a waste data return and pay a waste levy amount if the operator considers the operator can not pay the amount by the due date for payment of the amount.\nHowever—\nthe extension of time can not be for more than 1 month after—\nfor submission of the waste data return—the due date for submission of the return; or\nfor payment of the waste levy amount—the due date for payment of the amount; and\nthe operator can not apply for the extension of time if the operator is conducting operations at the site for which the operator does not hold an environmental authority; and\nthe operator can not make more than—\n1 application for an extension of time under this section or section 72G for the payment of the same waste levy amount; or\n2 applications under this section or section 72G in a financial year.\nThe application must—\nbe made by the due date for the submission of the waste data return for the site; and\nstate the reasons why the extension is being applied for.\nThe chief executive must, within 5 business days after the due date for the submission of the waste data return for the site, decide either to grant or to refuse the application and—\nif the decision is to grant the application—give the applicant a notice stating a new day by which the waste data return must be submitted and the new date by which the waste levy amount must be paid; or\nif the decision is to refuse the application—give the applicant an information notice for the decision.\nThe chief executive may grant the application only if satisfied that it is not reasonable to expect the applicant to pay the waste levy amount by the due date for payment.\nThe operator has suffered a significant disruption to electricity supply or an extensive computer malfunction.\nA failure to make a decision within the period required is taken to be a decision by the chief executive to refuse the application.\ns 72H ins 2019 No. 2 s 6\n(sec.72H-ssec.1) The operator of a levyable waste disposal site may apply to the chief executive for an extension of time to submit a waste data return and pay a waste levy amount if the operator considers the operator can not pay the amount by the due date for payment of the amount.\n(sec.72H-ssec.2) However— the extension of time can not be for more than 1 month after— for submission of the waste data return—the due date for submission of the return; or for payment of the waste levy amount—the due date for payment of the amount; and the operator can not apply for the extension of time if the operator is conducting operations at the site for which the operator does not hold an environmental authority; and the operator can not make more than— 1 application for an extension of time under this section or section 72G for the payment of the same waste levy amount; or 2 applications under this section or section 72G in a financial year.\n(sec.72H-ssec.3) The application must— be made by the due date for the submission of the waste data return for the site; and state the reasons why the extension is being applied for.\n(sec.72H-ssec.4) The chief executive must, within 5 business days after the due date for the submission of the waste data return for the site, decide either to grant or to refuse the application and— if the decision is to grant the application—give the applicant a notice stating a new day by which the waste data return must be submitted and the new date by which the waste levy amount must be paid; or if the decision is to refuse the application—give the applicant an information notice for the decision.\n(sec.72H-ssec.5) The chief executive may grant the application only if satisfied that it is not reasonable to expect the applicant to pay the waste levy amount by the due date for payment. The operator has suffered a significant disruption to electricity supply or an extensive computer malfunction.\n(sec.72H-ssec.6) A failure to make a decision within the period required is taken to be a decision by the chief executive to refuse the application.\n- (a) the extension of time can not be for more than 1 month after— (i) for submission of the waste data return—the due date for submission of the return; or (ii) for payment of the waste levy amount—the due date for payment of the amount; and\n- (i) for submission of the waste data return—the due date for submission of the return; or\n- (ii) for payment of the waste levy amount—the due date for payment of the amount; and\n- (b) the operator can not apply for the extension of time if the operator is conducting operations at the site for which the operator does not hold an environmental authority; and\n- (c) the operator can not make more than— (i) 1 application for an extension of time under this section or section 72G for the payment of the same waste levy amount; or (ii) 2 applications under this section or section 72G in a financial year.\n- (i) 1 application for an extension of time under this section or section 72G for the payment of the same waste levy amount; or\n- (ii) 2 applications under this section or section 72G in a financial year.\n- (i) for submission of the waste data return—the due date for submission of the return; or\n- (ii) for payment of the waste levy amount—the due date for payment of the amount; and\n- (i) 1 application for an extension of time under this section or section 72G for the payment of the same waste levy amount; or\n- (ii) 2 applications under this section or section 72G in a financial year.\n- (a) be made by the due date for the submission of the waste data return for the site; and\n- (b) state the reasons why the extension is being applied for.\n- (a) if the decision is to grant the application—give the applicant a notice stating a new day by which the waste data return must be submitted and the new date by which the waste levy amount must be paid; or\n- (b) if the decision is to refuse the application—give the applicant an information notice for the decision.","sortOrder":105},{"sectionNumber":"sec.72I","sectionType":"section","heading":"Public notice granting extension of time to submit waste data return and pay waste levy amount","content":"### sec.72I Public notice granting extension of time to submit waste data return and pay waste levy amount\n\nThe chief executive may by publication on the department’s website grant an extension of time to the operators of stated levyable waste disposal sites to do either of the following—\npay a waste levy amount;\nsubmit a waste data return and pay a waste levy amount.\nThe chief executive may grant an extension under this section only if satisfied that the extension is justified because of a significant emergency.\ns 72I ins 2019 No. 2 s 6\n(sec.72I-ssec.1) The chief executive may by publication on the department’s website grant an extension of time to the operators of stated levyable waste disposal sites to do either of the following— pay a waste levy amount; submit a waste data return and pay a waste levy amount.\n(sec.72I-ssec.2) The chief executive may grant an extension under this section only if satisfied that the extension is justified because of a significant emergency.\n- (a) pay a waste levy amount;\n- (b) submit a waste data return and pay a waste levy amount.","sortOrder":106},{"sectionNumber":"sec.72J","sectionType":"section","heading":"Estimation of waste levy amount payable by operator of levyable waste disposal site","content":"### sec.72J Estimation of waste levy amount payable by operator of levyable waste disposal site\n\nThe chief executive may decide an estimate of the waste levy amount payable by the operator of a levyable waste disposal site for a particular period (the estimated waste levy amount ) if—\nthe operator did not give the chief executive a waste data return by the due date for the site under section 72 ; or\nthe operator gave the chief executive information, whether or not in the form of a waste data return, that the chief executive considers on reasonable grounds to be incomplete or inaccurate; or\nthe chief executive is satisfied on reasonable grounds that the waste levy amount payable by the operator for the period is incorrect.\nIf the chief executive decides an estimated waste levy amount for the operator—\nthat amount becomes the waste levy amount payable by the operator for the period; and\nthe chief executive must give the operator an information notice for the decision.\nTo remove any doubt, it is declared that—\nthe chief executive may act under this section even if the due date for payment of the waste levy amount payable has passed; and\nthe chief executive deciding an estimate of the waste levy amount payable by the operator for a period under this section does not change the due date for payment of the amount; and\nnothing in this section stops a subsequent adjustment being made to the waste levy amount payable by the operator for the period if a different amount is decided under a review of the chief executive’s decision on the estimated waste levy amount.\ns 72J ins 2019 No. 2 s 6\n(sec.72J-ssec.1) The chief executive may decide an estimate of the waste levy amount payable by the operator of a levyable waste disposal site for a particular period (the estimated waste levy amount ) if— the operator did not give the chief executive a waste data return by the due date for the site under section 72 ; or the operator gave the chief executive information, whether or not in the form of a waste data return, that the chief executive considers on reasonable grounds to be incomplete or inaccurate; or the chief executive is satisfied on reasonable grounds that the waste levy amount payable by the operator for the period is incorrect.\n(sec.72J-ssec.2) If the chief executive decides an estimated waste levy amount for the operator— that amount becomes the waste levy amount payable by the operator for the period; and the chief executive must give the operator an information notice for the decision.\n(sec.72J-ssec.3) To remove any doubt, it is declared that— the chief executive may act under this section even if the due date for payment of the waste levy amount payable has passed; and the chief executive deciding an estimate of the waste levy amount payable by the operator for a period under this section does not change the due date for payment of the amount; and nothing in this section stops a subsequent adjustment being made to the waste levy amount payable by the operator for the period if a different amount is decided under a review of the chief executive’s decision on the estimated waste levy amount.\n- (a) the operator did not give the chief executive a waste data return by the due date for the site under section 72 ; or\n- (b) the operator gave the chief executive information, whether or not in the form of a waste data return, that the chief executive considers on reasonable grounds to be incomplete or inaccurate; or\n- (c) the chief executive is satisfied on reasonable grounds that the waste levy amount payable by the operator for the period is incorrect.\n- (a) that amount becomes the waste levy amount payable by the operator for the period; and\n- (b) the chief executive must give the operator an information notice for the decision.\n- (a) the chief executive may act under this section even if the due date for payment of the waste levy amount payable has passed; and\n- (b) the chief executive deciding an estimate of the waste levy amount payable by the operator for a period under this section does not change the due date for payment of the amount; and\n- (c) nothing in this section stops a subsequent adjustment being made to the waste levy amount payable by the operator for the period if a different amount is decided under a review of the chief executive’s decision on the estimated waste levy amount.","sortOrder":107},{"sectionNumber":"sec.72K","sectionType":"section","heading":"Eligibility for bad debt credit after insolvency or bankruptcy of customer","content":"### sec.72K Eligibility for bad debt credit after insolvency or bankruptcy of customer\n\nThe operator of a waste disposal site is eligible for a credit (a bad debt credit ) for the waste levy amount payable by the operator on an amount of waste delivered to the site if—\nthe operator was the operator of the site when the waste was delivered; and\nthe waste was delivered to the site by another person (the customer ) for consideration in money; and\nthe operator included the waste in a summary data return for the site for the levy period in which the waste was delivered; and\nthe operator paid the waste levy amount; and\nthe operator issued an invoice to the customer for the delivery within 30 days after the waste was delivered to the site and—\nthe invoice expressly included a service delivery charge for the operator’s obligation to pay waste levy on the waste when delivered to the site; and\nthe service delivery charge, excluding any component for GST, was not more than the waste levy amount; and\nthe customer failed to pay the operator all or part of the amount due for delivery of the waste within 30 days after being given an invoice for the amount; and\nthe customer became insolvent within 12 months after the delivery of the waste to the site; and\nthe operator has been unable to recover the amount owing from the customer despite having taken reasonable steps to do so; and\nthe operator has offset against the amount owing by the customer any amount owed by the operator to the customer that may be set off against that amount; and\nthe operator has reduced the amount owing by the value of any enforceable security the operator holds in relation to the customer but an amount remains outstanding in relation to the delivery; and\nthe operator has submitted all the waste data returns and paid all waste levy owing by the operator when applying for the bad debt credit.\nHowever, the operator is not eligible for the bad debt credit if—\nthe operator and the customer are, or were when the waste was delivered, related entities; or\nit is for an amount of waste delivered to the site while the customer continued to owe the operator an amount, for a previous delivery of waste, more than 30 days after being given an invoice for the previous delivery; or\nthe operator has previously received a bad debt credit for the relevant delivery of the waste.\nA person is a related entity for another person if—\nfor individuals—they are members of the same family; or\nfor an individual and a corporation—the individual or a member of the individual’s family—\nis a majority shareholder, director or secretary of the corporation or a related body corporate of the corporation; or\nhas an interest of 50% or more in the corporation; or\nfor an individual and a trustee of a trust—the individual or a related entity under another provision of this section is a beneficiary of the trust; or\nfor corporations—they are related bodies corporate; or\nfor a corporation and a trustee of a trust—the corporation or a related entity under another provision of this section is a beneficiary of the trust; or\nfor trustees of 2 or more trusts—\na person is a beneficiary of both trusts; or\na person is a beneficiary of 1 trust and a related entity under another provision of this section is a beneficiary of the other trust.\nIn this section—\nfamily , for a person, means—\nthe person’s spouse; or\na parent of the person or the person’s spouse; or\na grandparent of the person or the person’s spouse; or\na brother, sister, nephew or niece of the person or the person’s spouse; or\na child of the person or the person’s spouse; or\na grandchild of the person; or\nthe spouse of any person mentioned in paragraphs (b) to (f) .\ninsolvent means insolvent under the Corporations Act , section 95A (2) .\noperator , of a waste disposal site, includes a former operator of the site.\nrelated body corporate see the Corporations Act , section 50 .\nsummary data return see section 72 (5) .\ns 72K ins 2019 No. 2 s 6\n(sec.72K-ssec.1) The operator of a waste disposal site is eligible for a credit (a bad debt credit ) for the waste levy amount payable by the operator on an amount of waste delivered to the site if— the operator was the operator of the site when the waste was delivered; and the waste was delivered to the site by another person (the customer ) for consideration in money; and the operator included the waste in a summary data return for the site for the levy period in which the waste was delivered; and the operator paid the waste levy amount; and the operator issued an invoice to the customer for the delivery within 30 days after the waste was delivered to the site and— the invoice expressly included a service delivery charge for the operator’s obligation to pay waste levy on the waste when delivered to the site; and the service delivery charge, excluding any component for GST, was not more than the waste levy amount; and the customer failed to pay the operator all or part of the amount due for delivery of the waste within 30 days after being given an invoice for the amount; and the customer became insolvent within 12 months after the delivery of the waste to the site; and the operator has been unable to recover the amount owing from the customer despite having taken reasonable steps to do so; and the operator has offset against the amount owing by the customer any amount owed by the operator to the customer that may be set off against that amount; and the operator has reduced the amount owing by the value of any enforceable security the operator holds in relation to the customer but an amount remains outstanding in relation to the delivery; and the operator has submitted all the waste data returns and paid all waste levy owing by the operator when applying for the bad debt credit.\n(sec.72K-ssec.2) However, the operator is not eligible for the bad debt credit if— the operator and the customer are, or were when the waste was delivered, related entities; or it is for an amount of waste delivered to the site while the customer continued to owe the operator an amount, for a previous delivery of waste, more than 30 days after being given an invoice for the previous delivery; or the operator has previously received a bad debt credit for the relevant delivery of the waste.\n(sec.72K-ssec.3) A person is a related entity for another person if— for individuals—they are members of the same family; or for an individual and a corporation—the individual or a member of the individual’s family— is a majority shareholder, director or secretary of the corporation or a related body corporate of the corporation; or has an interest of 50% or more in the corporation; or for an individual and a trustee of a trust—the individual or a related entity under another provision of this section is a beneficiary of the trust; or for corporations—they are related bodies corporate; or for a corporation and a trustee of a trust—the corporation or a related entity under another provision of this section is a beneficiary of the trust; or for trustees of 2 or more trusts— a person is a beneficiary of both trusts; or a person is a beneficiary of 1 trust and a related entity under another provision of this section is a beneficiary of the other trust.\n(sec.72K-ssec.4) In this section— family , for a person, means— the person’s spouse; or a parent of the person or the person’s spouse; or a grandparent of the person or the person’s spouse; or a brother, sister, nephew or niece of the person or the person’s spouse; or a child of the person or the person’s spouse; or a grandchild of the person; or the spouse of any person mentioned in paragraphs (b) to (f) . insolvent means insolvent under the Corporations Act , section 95A (2) . operator , of a waste disposal site, includes a former operator of the site. related body corporate see the Corporations Act , section 50 . summary data return see section 72 (5) .\n- (a) the operator was the operator of the site when the waste was delivered; and\n- (b) the waste was delivered to the site by another person (the customer ) for consideration in money; and\n- (c) the operator included the waste in a summary data return for the site for the levy period in which the waste was delivered; and\n- (d) the operator paid the waste levy amount; and\n- (e) the operator issued an invoice to the customer for the delivery within 30 days after the waste was delivered to the site and— (i) the invoice expressly included a service delivery charge for the operator’s obligation to pay waste levy on the waste when delivered to the site; and (ii) the service delivery charge, excluding any component for GST, was not more than the waste levy amount; and\n- (i) the invoice expressly included a service delivery charge for the operator’s obligation to pay waste levy on the waste when delivered to the site; and\n- (ii) the service delivery charge, excluding any component for GST, was not more than the waste levy amount; and\n- (f) the customer failed to pay the operator all or part of the amount due for delivery of the waste within 30 days after being given an invoice for the amount; and\n- (g) the customer became insolvent within 12 months after the delivery of the waste to the site; and\n- (h) the operator has been unable to recover the amount owing from the customer despite having taken reasonable steps to do so; and\n- (i) the operator has offset against the amount owing by the customer any amount owed by the operator to the customer that may be set off against that amount; and\n- (j) the operator has reduced the amount owing by the value of any enforceable security the operator holds in relation to the customer but an amount remains outstanding in relation to the delivery; and\n- (k) the operator has submitted all the waste data returns and paid all waste levy owing by the operator when applying for the bad debt credit.\n- (i) the invoice expressly included a service delivery charge for the operator’s obligation to pay waste levy on the waste when delivered to the site; and\n- (ii) the service delivery charge, excluding any component for GST, was not more than the waste levy amount; and\n- (a) the operator and the customer are, or were when the waste was delivered, related entities; or\n- (b) it is for an amount of waste delivered to the site while the customer continued to owe the operator an amount, for a previous delivery of waste, more than 30 days after being given an invoice for the previous delivery; or\n- (c) the operator has previously received a bad debt credit for the relevant delivery of the waste.\n- (a) for individuals—they are members of the same family; or\n- (b) for an individual and a corporation—the individual or a member of the individual’s family— (i) is a majority shareholder, director or secretary of the corporation or a related body corporate of the corporation; or (ii) has an interest of 50% or more in the corporation; or\n- (i) is a majority shareholder, director or secretary of the corporation or a related body corporate of the corporation; or\n- (ii) has an interest of 50% or more in the corporation; or\n- (c) for an individual and a trustee of a trust—the individual or a related entity under another provision of this section is a beneficiary of the trust; or\n- (d) for corporations—they are related bodies corporate; or\n- (e) for a corporation and a trustee of a trust—the corporation or a related entity under another provision of this section is a beneficiary of the trust; or\n- (f) for trustees of 2 or more trusts— (i) a person is a beneficiary of both trusts; or (ii) a person is a beneficiary of 1 trust and a related entity under another provision of this section is a beneficiary of the other trust.\n- (i) a person is a beneficiary of both trusts; or\n- (ii) a person is a beneficiary of 1 trust and a related entity under another provision of this section is a beneficiary of the other trust.\n- (i) is a majority shareholder, director or secretary of the corporation or a related body corporate of the corporation; or\n- (ii) has an interest of 50% or more in the corporation; or\n- (i) a person is a beneficiary of both trusts; or\n- (ii) a person is a beneficiary of 1 trust and a related entity under another provision of this section is a beneficiary of the other trust.\n- (a) the person’s spouse; or\n- (b) a parent of the person or the person’s spouse; or\n- (c) a grandparent of the person or the person’s spouse; or\n- (d) a brother, sister, nephew or niece of the person or the person’s spouse; or\n- (e) a child of the person or the person’s spouse; or\n- (f) a grandchild of the person; or\n- (g) the spouse of any person mentioned in paragraphs (b) to (f) .","sortOrder":108},{"sectionNumber":"sec.72L","sectionType":"section","heading":"Application for bad debt credit","content":"### sec.72L Application for bad debt credit\n\nThe operator or former operator of a waste disposal site who is eligible for a bad debt credit may apply to the chief executive for relief.\nThe application must—\nbe in the approved form; and\nbe supported by enough information to allow the chief executive to decide the application.\ns 72L ins 2019 No. 2 s 6\n(sec.72L-ssec.1) The operator or former operator of a waste disposal site who is eligible for a bad debt credit may apply to the chief executive for relief.\n(sec.72L-ssec.2) The application must— be in the approved form; and be supported by enough information to allow the chief executive to decide the application.\n- (a) be in the approved form; and\n- (b) be supported by enough information to allow the chief executive to decide the application.","sortOrder":109},{"sectionNumber":"sec.72M","sectionType":"section","heading":"Chief executive may require additional information or documents","content":"### sec.72M Chief executive may require additional information or documents\n\nWithin 28 days after receiving a bad debt credit application, the chief executive may, by notice given to the applicant, require the applicant to give the chief executive further reasonable information or documents about the application by a reasonable day stated in the notice.\nThe applicant may, before the stated day, agree with the chief executive about extending the time for providing the further information or documents.\nThe application is taken to be withdrawn if the applicant does not give the chief executive the further information or documents by the stated day or the end of any extension agreed between the chief executive and the applicant.\ns 72M ins 2019 No. 2 s 6\n(sec.72M-ssec.1) Within 28 days after receiving a bad debt credit application, the chief executive may, by notice given to the applicant, require the applicant to give the chief executive further reasonable information or documents about the application by a reasonable day stated in the notice.\n(sec.72M-ssec.2) The applicant may, before the stated day, agree with the chief executive about extending the time for providing the further information or documents.\n(sec.72M-ssec.3) The application is taken to be withdrawn if the applicant does not give the chief executive the further information or documents by the stated day or the end of any extension agreed between the chief executive and the applicant.","sortOrder":110},{"sectionNumber":"sec.72N","sectionType":"section","heading":"Deciding application","content":"### sec.72N Deciding application\n\nThe chief executive must decide either to grant or refuse a bad debt credit application within 30 days after the later of the following days—\nthe day the chief executive receives the application;\nif additional information or documents are requested under section 72M —the day the chief executive receives the information or documents.\nIn deciding whether to grant or refuse the application, the chief executive must consider the information included in the application.\nThe chief executive must—\ngrant a bad debt credit application if the applicant is eligible for the credit; or\nrefuse a bad debt credit application if the applicant is not eligible for the credit.\nA failure to make a decision within the period required is taken to be a decision by the chief executive to refuse the application.\ns 72N ins 2019 No. 2 s 6\n(sec.72N-ssec.1) The chief executive must decide either to grant or refuse a bad debt credit application within 30 days after the later of the following days— the day the chief executive receives the application; if additional information or documents are requested under section 72M —the day the chief executive receives the information or documents.\n(sec.72N-ssec.2) In deciding whether to grant or refuse the application, the chief executive must consider the information included in the application.\n(sec.72N-ssec.3) The chief executive must— grant a bad debt credit application if the applicant is eligible for the credit; or refuse a bad debt credit application if the applicant is not eligible for the credit.\n(sec.72N-ssec.4) A failure to make a decision within the period required is taken to be a decision by the chief executive to refuse the application.\n- (a) the day the chief executive receives the application;\n- (b) if additional information or documents are requested under section 72M —the day the chief executive receives the information or documents.\n- (a) grant a bad debt credit application if the applicant is eligible for the credit; or\n- (b) refuse a bad debt credit application if the applicant is not eligible for the credit.","sortOrder":111},{"sectionNumber":"sec.72O","sectionType":"section","heading":"Grant of application","content":"### sec.72O Grant of application\n\nIf the chief executive decides to grant a bad debt credit application, the chief executive must, within 5 business days after granting the application, give the applicant a notice stating—\nthe application has been granted; and\nthe amount of the bad debt credit.\nThe notice must also include or be accompanied by an information notice for the decision in relation to the amount of the bad debt credit.\ns 72O ins 2019 No. 2 s 6\n(sec.72O-ssec.1) If the chief executive decides to grant a bad debt credit application, the chief executive must, within 5 business days after granting the application, give the applicant a notice stating— the application has been granted; and the amount of the bad debt credit.\n(sec.72O-ssec.2) The notice must also include or be accompanied by an information notice for the decision in relation to the amount of the bad debt credit.\n- (a) the application has been granted; and\n- (b) the amount of the bad debt credit.","sortOrder":112},{"sectionNumber":"sec.72P","sectionType":"section","heading":"Refusal of application","content":"### sec.72P Refusal of application\n\nIf the chief executive decides to refuse a bad debt credit application, the chief executive must, within 5 business days after refusing the application, give the applicant an information notice for the decision.\ns 72P ins 2019 No. 2 s 6","sortOrder":113},{"sectionNumber":"sec.72Q","sectionType":"section","heading":"Payment of bad debt credit","content":"### sec.72Q Payment of bad debt credit\n\nThis section applies if the chief executive decides to grant a bad debt credit application.\nThe chief executive must deduct the amount of the bad debt credit from the waste levy amount the applicant is required to remit to the State under section 56 for the relevant levy period.\nAlso, if the total amount of the bad debt credit is more than the amount the applicant is required to remit to the State, the chief executive must pay the applicant an amount equal to the excess.\nIf the applicant is no longer the operator of a waste disposal site, the chief executive must pay the applicant an amount equal to the bad debt credit.\nIn this section—\nrelevant levy period , for an application, means the levy period at the time the application is decided.\ns 72Q ins 2019 No. 2 s 6\n(sec.72Q-ssec.1) This section applies if the chief executive decides to grant a bad debt credit application.\n(sec.72Q-ssec.2) The chief executive must deduct the amount of the bad debt credit from the waste levy amount the applicant is required to remit to the State under section 56 for the relevant levy period.\n(sec.72Q-ssec.3) Also, if the total amount of the bad debt credit is more than the amount the applicant is required to remit to the State, the chief executive must pay the applicant an amount equal to the excess.\n(sec.72Q-ssec.4) If the applicant is no longer the operator of a waste disposal site, the chief executive must pay the applicant an amount equal to the bad debt credit.\n(sec.72Q-ssec.5) In this section— relevant levy period , for an application, means the levy period at the time the application is decided.","sortOrder":114},{"sectionNumber":"ch.3-pt.6","sectionType":"part","heading":"Resource recovery area","content":"# Resource recovery area","sortOrder":115},{"sectionNumber":"ch.3-pt.6-div.1","sectionType":"division","heading":"Declaration of resource recovery area","content":"## Declaration of resource recovery area","sortOrder":116},{"sectionNumber":"sec.72R","sectionType":"section","heading":"Resource recovery area","content":"### sec.72R Resource recovery area\n\nThe operator of a waste disposal site may declare an area within the site as a resource recovery area if—\na recycling activity is conducted in the area; and\nthe operator, or another entity that is responsible for the operation of the area, holds all licences, environmental authorities or other approvals required for conducting the recycling activity in the area; and\na physical barrier—\nseparates the area from the rest of the site; and\nprevents vehicles from moving between the area and the rest of the site other than through points of access shown on the plan of the site accompanying a notice under section 72S or 72U ; and\nthe area and the physical barrier comply with the requirements prescribed by regulation for the area and barrier; and\nthere has not, within the last year, been a revocation of a declaration of a resource recovery area at the site.\ns 72R ins 2019 No. 2 s 6\n- (a) a recycling activity is conducted in the area; and\n- (b) the operator, or another entity that is responsible for the operation of the area, holds all licences, environmental authorities or other approvals required for conducting the recycling activity in the area; and\n- (c) a physical barrier— (i) separates the area from the rest of the site; and (ii) prevents vehicles from moving between the area and the rest of the site other than through points of access shown on the plan of the site accompanying a notice under section 72S or 72U ; and\n- (i) separates the area from the rest of the site; and\n- (ii) prevents vehicles from moving between the area and the rest of the site other than through points of access shown on the plan of the site accompanying a notice under section 72S or 72U ; and\n- (d) the area and the physical barrier comply with the requirements prescribed by regulation for the area and barrier; and\n- (e) there has not, within the last year, been a revocation of a declaration of a resource recovery area at the site.\n- (i) separates the area from the rest of the site; and\n- (ii) prevents vehicles from moving between the area and the rest of the site other than through points of access shown on the plan of the site accompanying a notice under section 72S or 72U ; and","sortOrder":117},{"sectionNumber":"sec.72S","sectionType":"section","heading":"Declaration of resource recovery area","content":"### sec.72S Declaration of resource recovery area\n\nThe operator of a waste disposal site declares a resource recovery area by giving the chief executive notice of a proposed resource recovery area at least 20 days before using the area as a resource recovery area.\nThe notice must—\nbe in the approved form; and\nstate the day the declaration takes effect; and\ninclude a description of the activities to be carried out in the resource recovery area; and\nbe accompanied by a plan of the waste disposal site indicating the resource recovery area and clearly showing—\nthe physical barrier between the area and the rest of the site; and\nthe points of access allowing vehicles to move between the area and the rest of the site; and\nbe signed by the operator and any other entity that will be responsible for the area.\ns 72S ins 2019 No. 2 s 6\n(sec.72S-ssec.1) The operator of a waste disposal site declares a resource recovery area by giving the chief executive notice of a proposed resource recovery area at least 20 days before using the area as a resource recovery area.\n(sec.72S-ssec.2) The notice must— be in the approved form; and state the day the declaration takes effect; and include a description of the activities to be carried out in the resource recovery area; and be accompanied by a plan of the waste disposal site indicating the resource recovery area and clearly showing— the physical barrier between the area and the rest of the site; and the points of access allowing vehicles to move between the area and the rest of the site; and be signed by the operator and any other entity that will be responsible for the area.\n- (a) be in the approved form; and\n- (b) state the day the declaration takes effect; and\n- (c) include a description of the activities to be carried out in the resource recovery area; and\n- (d) be accompanied by a plan of the waste disposal site indicating the resource recovery area and clearly showing— (i) the physical barrier between the area and the rest of the site; and (ii) the points of access allowing vehicles to move between the area and the rest of the site; and\n- (i) the physical barrier between the area and the rest of the site; and\n- (ii) the points of access allowing vehicles to move between the area and the rest of the site; and\n- (e) be signed by the operator and any other entity that will be responsible for the area.\n- (i) the physical barrier between the area and the rest of the site; and\n- (ii) the points of access allowing vehicles to move between the area and the rest of the site; and","sortOrder":118},{"sectionNumber":"sec.72T","sectionType":"section","heading":"Effect of declaration of resource recovery area","content":"### sec.72T Effect of declaration of resource recovery area\n\nIf the requirements under this division for the declaration or amendment of a resource recovery area have been complied with, and the declaration has not been cancelled or revoked—\nthe resource recovery area is not part of the levyable waste disposal site whose operator made the declaration; and\nall waste that is moved from the resource recovery area to the levyable waste disposal site is, for the purposes of the waste levy, taken to be waste delivered to the levyable waste disposal site.\nIf levyable waste is delivered to a levyable waste disposal site, the waste levy on the waste may be payable under section 36 .\ns 72T ins 2019 No. 2 s 6\n- (a) the resource recovery area is not part of the levyable waste disposal site whose operator made the declaration; and\n- (b) all waste that is moved from the resource recovery area to the levyable waste disposal site is, for the purposes of the waste levy, taken to be waste delivered to the levyable waste disposal site. Note— If levyable waste is delivered to a levyable waste disposal site, the waste levy on the waste may be payable under section 36 .","sortOrder":119},{"sectionNumber":"sec.72U","sectionType":"section","heading":"Amendment of resource recovery area by operator","content":"### sec.72U Amendment of resource recovery area by operator\n\nThe operator of a waste disposal site for which a resource recovery area has been declared may amend the area’s declaration as a resource recovery area by giving the chief executive notice of the proposed amendment at least 20 days before the amendment is to take effect.\nThe notice must—\nbe in the approved form; and\nstate the day the amendment takes effect; and\nif the recycling activities to be conducted in the amended resource recovery area differ from the activities currently carried out in the area—include a description of the recycling activities to be conducted in the amended resource recovery area; and\nbe accompanied by a plan of the waste disposal site indicating the amended resource recovery area and clearly showing—\nthe physical barrier between the area and the rest of the site; and\nthe points of access allowing vehicles to move between the area and the rest of the site; and\nbe signed by the operator and any other entity that will be responsible for the area.\nThe operator need not act under subsection (1) if the only change to the resource recovery area is a change to—\nthe recycling activities conducted in the area; or\nthe physical barrier or points of access for the area that do not change the boundaries of the area; or\nthe entity having responsibility for the operation of the area.\nIf an amendment of a resource recovery area under this section results in a part of the area being within the levyable waste disposal site—\nthat part of the area becomes part of the site; and\nall waste within that part of the area is, for the purposes of the waste levy, taken to be waste delivered to the site.\nIf levyable waste is delivered to a levyable waste disposal site, the waste levy on the waste may be payable under section 36 .\ns 72U ins 2019 No. 2 s 6\namd 2023 No. 15 s 13\n(sec.72U-ssec.1) The operator of a waste disposal site for which a resource recovery area has been declared may amend the area’s declaration as a resource recovery area by giving the chief executive notice of the proposed amendment at least 20 days before the amendment is to take effect.\n(sec.72U-ssec.2) The notice must— be in the approved form; and state the day the amendment takes effect; and if the recycling activities to be conducted in the amended resource recovery area differ from the activities currently carried out in the area—include a description of the recycling activities to be conducted in the amended resource recovery area; and be accompanied by a plan of the waste disposal site indicating the amended resource recovery area and clearly showing— the physical barrier between the area and the rest of the site; and the points of access allowing vehicles to move between the area and the rest of the site; and be signed by the operator and any other entity that will be responsible for the area.\n(sec.72U-ssec.3) The operator need not act under subsection (1) if the only change to the resource recovery area is a change to— the recycling activities conducted in the area; or the physical barrier or points of access for the area that do not change the boundaries of the area; or the entity having responsibility for the operation of the area.\n(sec.72U-ssec.4) If an amendment of a resource recovery area under this section results in a part of the area being within the levyable waste disposal site— that part of the area becomes part of the site; and all waste within that part of the area is, for the purposes of the waste levy, taken to be waste delivered to the site. If levyable waste is delivered to a levyable waste disposal site, the waste levy on the waste may be payable under section 36 .\n- (a) be in the approved form; and\n- (b) state the day the amendment takes effect; and\n- (c) if the recycling activities to be conducted in the amended resource recovery area differ from the activities currently carried out in the area—include a description of the recycling activities to be conducted in the amended resource recovery area; and\n- (d) be accompanied by a plan of the waste disposal site indicating the amended resource recovery area and clearly showing— (i) the physical barrier between the area and the rest of the site; and (ii) the points of access allowing vehicles to move between the area and the rest of the site; and\n- (i) the physical barrier between the area and the rest of the site; and\n- (ii) the points of access allowing vehicles to move between the area and the rest of the site; and\n- (e) be signed by the operator and any other entity that will be responsible for the area.\n- (i) the physical barrier between the area and the rest of the site; and\n- (ii) the points of access allowing vehicles to move between the area and the rest of the site; and\n- (a) the recycling activities conducted in the area; or\n- (b) the physical barrier or points of access for the area that do not change the boundaries of the area; or\n- (c) the entity having responsibility for the operation of the area.\n- (a) that part of the area becomes part of the site; and\n- (b) all waste within that part of the area is, for the purposes of the waste levy, taken to be waste delivered to the site. Note— If levyable waste is delivered to a levyable waste disposal site, the waste levy on the waste may be payable under section 36 .","sortOrder":120},{"sectionNumber":"sec.72V","sectionType":"section","heading":"Cancellation of resource recovery area by operator","content":"### sec.72V Cancellation of resource recovery area by operator\n\nThe operator of a waste disposal site for which a resource recovery area has been declared may cancel the area’s declaration as a resource recovery area by giving the chief executive notice of the proposed cancellation at least 30 days before the cancellation is to take effect.\nThe notice must state the day the cancellation takes effect.\nIf a resource recovery area is cancelled under this section—\nthe cancelled area becomes part of the levyable waste disposal site; and\nall waste within the cancelled area is, for the purposes of the waste levy, taken to be waste delivered to the levyable waste disposal site.\nIf levyable waste is delivered to a levyable waste disposal site, the waste levy on the waste may be payable under section 36 .\ns 72V ins 2019 No. 2 s 6\namd 2023 No. 15 s 14\n(sec.72V-ssec.1) The operator of a waste disposal site for which a resource recovery area has been declared may cancel the area’s declaration as a resource recovery area by giving the chief executive notice of the proposed cancellation at least 30 days before the cancellation is to take effect.\n(sec.72V-ssec.2) The notice must state the day the cancellation takes effect.\n(sec.72V-ssec.3) If a resource recovery area is cancelled under this section— the cancelled area becomes part of the levyable waste disposal site; and all waste within the cancelled area is, for the purposes of the waste levy, taken to be waste delivered to the levyable waste disposal site. If levyable waste is delivered to a levyable waste disposal site, the waste levy on the waste may be payable under section 36 .\n- (a) the cancelled area becomes part of the levyable waste disposal site; and\n- (b) all waste within the cancelled area is, for the purposes of the waste levy, taken to be waste delivered to the levyable waste disposal site. Note— If levyable waste is delivered to a levyable waste disposal site, the waste levy on the waste may be payable under section 36 .","sortOrder":121},{"sectionNumber":"sec.72VA","sectionType":"section","heading":"Amendment or suspension of resource recovery area by chief executive","content":"### sec.72VA Amendment or suspension of resource recovery area by chief executive\n\nThe chief executive may amend or suspend the declaration of a resource recovery area by the operator of a waste disposal site if the chief executive is satisfied that—\n1 or more of the matters mentioned in section 72R (a) to (e) do not, or no longer, apply in relation to the resource recovery area; or\nconducting a recycling activity in the resource recovery area would prejudice the investigation of the commission, or possible commission, of an offence against a provision of division 2 .\nIf the chief executive proposes to amend or suspend the declaration of the resource recovery area (the proposed action ), the chief executive must first give the operator a notice (a show cause notice ) about the proposed action.\nThe show cause notice must state each of the following matters—\nthe proposed action;\nif the proposed action is an amendment—the proposed amendment;\nif the proposed action is suspension—the period of the proposed suspension;\nthe reasons for the proposed action;\nthat the operator may, within a stated period (the show cause period )—\nmake a written submission to the chief executive about why the proposed action should not be taken; or\ntake stated actions, if any, to avoid the taking of the proposed action.\nThe show cause period must not end earlier than 21 days after the operator is given the show cause notice.\nWithin 20 business days after the end of the show cause period, the chief executive must decide whether or not to take the proposed action having regard to—\nany written submissions made by the operator during the show cause period; and\nthe extent to which the operator has taken any actions mentioned in subsection (3) (e) (ii) .\nThe chief executive may decide to—\nif the proposed action was to make a stated amendment—make the stated amendment; or\nif the proposed action was to suspend the declaration for a stated period—suspend the declaration for no longer than the stated period.\nThe chief executive must, within 10 business days after making the decision, give the operator—\nif the chief executive decides to take the proposed action—an information notice for the decision; or\nif the chief executive decides not to take the proposed action—a notice about the decision.\nA decision to take the proposed action takes effect on the later of the following days—\nthe day the information notice is given to the operator;\nif the information notice states a day on which the proposed action takes effect—the stated day.\nIf the declaration of the resource recovery area is suspended under this section, then, for the period of the suspension—\nthe area is taken to be part of the levyable waste disposal site; and\nall waste, other than exempt waste, delivered to the area during the period is, for the purposes of the waste levy, taken to be waste delivered to the levyable waste disposal site.\nIf levyable waste is delivered to a levyable waste disposal site, the waste levy on the waste may be payable under section 36 .\ns 72VA ins 2023 No. 15 s 15\n(sec.72VA-ssec.1) The chief executive may amend or suspend the declaration of a resource recovery area by the operator of a waste disposal site if the chief executive is satisfied that— 1 or more of the matters mentioned in section 72R (a) to (e) do not, or no longer, apply in relation to the resource recovery area; or conducting a recycling activity in the resource recovery area would prejudice the investigation of the commission, or possible commission, of an offence against a provision of division 2 .\n(sec.72VA-ssec.2) If the chief executive proposes to amend or suspend the declaration of the resource recovery area (the proposed action ), the chief executive must first give the operator a notice (a show cause notice ) about the proposed action.\n(sec.72VA-ssec.3) The show cause notice must state each of the following matters— the proposed action; if the proposed action is an amendment—the proposed amendment; if the proposed action is suspension—the period of the proposed suspension; the reasons for the proposed action; that the operator may, within a stated period (the show cause period )— make a written submission to the chief executive about why the proposed action should not be taken; or take stated actions, if any, to avoid the taking of the proposed action.\n(sec.72VA-ssec.4) The show cause period must not end earlier than 21 days after the operator is given the show cause notice.\n(sec.72VA-ssec.5) Within 20 business days after the end of the show cause period, the chief executive must decide whether or not to take the proposed action having regard to— any written submissions made by the operator during the show cause period; and the extent to which the operator has taken any actions mentioned in subsection (3) (e) (ii) .\n(sec.72VA-ssec.6) The chief executive may decide to— if the proposed action was to make a stated amendment—make the stated amendment; or if the proposed action was to suspend the declaration for a stated period—suspend the declaration for no longer than the stated period.\n(sec.72VA-ssec.7) The chief executive must, within 10 business days after making the decision, give the operator— if the chief executive decides to take the proposed action—an information notice for the decision; or if the chief executive decides not to take the proposed action—a notice about the decision.\n(sec.72VA-ssec.8) A decision to take the proposed action takes effect on the later of the following days— the day the information notice is given to the operator; if the information notice states a day on which the proposed action takes effect—the stated day.\n(sec.72VA-ssec.9) If the declaration of the resource recovery area is suspended under this section, then, for the period of the suspension— the area is taken to be part of the levyable waste disposal site; and all waste, other than exempt waste, delivered to the area during the period is, for the purposes of the waste levy, taken to be waste delivered to the levyable waste disposal site. If levyable waste is delivered to a levyable waste disposal site, the waste levy on the waste may be payable under section 36 .\n- (a) 1 or more of the matters mentioned in section 72R (a) to (e) do not, or no longer, apply in relation to the resource recovery area; or\n- (b) conducting a recycling activity in the resource recovery area would prejudice the investigation of the commission, or possible commission, of an offence against a provision of division 2 .\n- (a) the proposed action;\n- (b) if the proposed action is an amendment—the proposed amendment;\n- (c) if the proposed action is suspension—the period of the proposed suspension;\n- (d) the reasons for the proposed action;\n- (e) that the operator may, within a stated period (the show cause period )— (i) make a written submission to the chief executive about why the proposed action should not be taken; or (ii) take stated actions, if any, to avoid the taking of the proposed action.\n- (i) make a written submission to the chief executive about why the proposed action should not be taken; or\n- (ii) take stated actions, if any, to avoid the taking of the proposed action.\n- (i) make a written submission to the chief executive about why the proposed action should not be taken; or\n- (ii) take stated actions, if any, to avoid the taking of the proposed action.\n- (a) any written submissions made by the operator during the show cause period; and\n- (b) the extent to which the operator has taken any actions mentioned in subsection (3) (e) (ii) .\n- (a) if the proposed action was to make a stated amendment—make the stated amendment; or\n- (b) if the proposed action was to suspend the declaration for a stated period—suspend the declaration for no longer than the stated period.\n- (a) if the chief executive decides to take the proposed action—an information notice for the decision; or\n- (b) if the chief executive decides not to take the proposed action—a notice about the decision.\n- (a) the day the information notice is given to the operator;\n- (b) if the information notice states a day on which the proposed action takes effect—the stated day.\n- (a) the area is taken to be part of the levyable waste disposal site; and\n- (b) all waste, other than exempt waste, delivered to the area during the period is, for the purposes of the waste levy, taken to be waste delivered to the levyable waste disposal site. Note— If levyable waste is delivered to a levyable waste disposal site, the waste levy on the waste may be payable under section 36 .","sortOrder":122},{"sectionNumber":"sec.72W","sectionType":"section","heading":"Revocation of resource recovery area by chief executive","content":"### sec.72W Revocation of resource recovery area by chief executive\n\nThe chief executive may revoke a declaration by the operator of a waste disposal site of an area as a resource recovery area if—\nthere is an active landfill cell within the area; or\nthe amount of waste, including recyclable waste, stockpiled in the area is greater than the total amount of waste delivered to the area in the previous 12 months; or\nthe operator or another entity having responsibility for the operation of the resource recovery area is convicted of an offence under this part; or\nthe chief executive is satisfied the area does not fulfil, or no longer fulfils, the requirements under section 72R for an area to be declared as a resource recovery area.\nBefore revoking the declaration (the proposed action ), the chief executive must give notice to the operator of the waste disposal site stating all of the following—\nthe proposed action;\nthe grounds for taking the proposed action;\nthe facts and circumstances that form the basis for the grounds;\nwhen the proposed action is intended to take effect;\nthat the operator may make, within a stated period, written submissions to show why the proposed action should not be taken.\nThe stated period for submissions must not end earlier than 21 days after the operator of the waste disposal site is given the notice.\nThe chief executive must consider all submissions made under subsection (2) (e) .\nIf the chief executive decides to take the proposed action, the chief executive must, within 10 business days after making the decision, give the operator of the waste disposal site an information notice for the decision.\nThe decision takes effect when the information notice is given.\nIf a resource recovery area is revoked under this section—\nthe area becomes part of the levyable waste disposal site; and\nall waste within the area is, for the purposes of the waste levy, taken to be waste delivered to the levyable waste disposal site.\nIf levyable waste is delivered to a levyable waste disposal site, the waste levy on the waste may be payable under section 36 .\ns 72W ins 2019 No. 2 s 6\n(sec.72W-ssec.1) The chief executive may revoke a declaration by the operator of a waste disposal site of an area as a resource recovery area if— there is an active landfill cell within the area; or the amount of waste, including recyclable waste, stockpiled in the area is greater than the total amount of waste delivered to the area in the previous 12 months; or the operator or another entity having responsibility for the operation of the resource recovery area is convicted of an offence under this part; or the chief executive is satisfied the area does not fulfil, or no longer fulfils, the requirements under section 72R for an area to be declared as a resource recovery area.\n(sec.72W-ssec.2) Before revoking the declaration (the proposed action ), the chief executive must give notice to the operator of the waste disposal site stating all of the following— the proposed action; the grounds for taking the proposed action; the facts and circumstances that form the basis for the grounds; when the proposed action is intended to take effect; that the operator may make, within a stated period, written submissions to show why the proposed action should not be taken.\n(sec.72W-ssec.3) The stated period for submissions must not end earlier than 21 days after the operator of the waste disposal site is given the notice.\n(sec.72W-ssec.4) The chief executive must consider all submissions made under subsection (2) (e) .\n(sec.72W-ssec.5) If the chief executive decides to take the proposed action, the chief executive must, within 10 business days after making the decision, give the operator of the waste disposal site an information notice for the decision.\n(sec.72W-ssec.6) The decision takes effect when the information notice is given.\n(sec.72W-ssec.7) If a resource recovery area is revoked under this section— the area becomes part of the levyable waste disposal site; and all waste within the area is, for the purposes of the waste levy, taken to be waste delivered to the levyable waste disposal site. If levyable waste is delivered to a levyable waste disposal site, the waste levy on the waste may be payable under section 36 .\n- (a) there is an active landfill cell within the area; or\n- (b) the amount of waste, including recyclable waste, stockpiled in the area is greater than the total amount of waste delivered to the area in the previous 12 months; or\n- (c) the operator or another entity having responsibility for the operation of the resource recovery area is convicted of an offence under this part; or\n- (d) the chief executive is satisfied the area does not fulfil, or no longer fulfils, the requirements under section 72R for an area to be declared as a resource recovery area.\n- (a) the proposed action;\n- (b) the grounds for taking the proposed action;\n- (c) the facts and circumstances that form the basis for the grounds;\n- (d) when the proposed action is intended to take effect;\n- (e) that the operator may make, within a stated period, written submissions to show why the proposed action should not be taken.\n- (a) the area becomes part of the levyable waste disposal site; and\n- (b) all waste within the area is, for the purposes of the waste levy, taken to be waste delivered to the levyable waste disposal site. Note— If levyable waste is delivered to a levyable waste disposal site, the waste levy on the waste may be payable under section 36 .","sortOrder":123},{"sectionNumber":"ch.3-pt.6-div.2","sectionType":"division","heading":"Obligations relating to resource recovery area","content":"## Obligations relating to resource recovery area","sortOrder":124},{"sectionNumber":"sec.72X","sectionType":"section","heading":"Requirement to keep documents","content":"### sec.72X Requirement to keep documents\n\nAn entity having responsibility for the operation of a resource recovery area must keep the following documents for at least 5 years after the event that is the subject of the document happens—\nany document that records waste delivered to the area, including its measurements;\nany document that records waste or other material removed from the area as mentioned in section 59 (d) , including its measurements;\na copy of the results of a volumetric survey of the area carried out under section 72Y or 72Z ;\nany document that records any other event for the area as prescribed by regulation.\nMaximum penalty—300 penalty units.\ns 72X ins 2019 No. 2 s 6\n- (a) any document that records waste delivered to the area, including its measurements;\n- (b) any document that records waste or other material removed from the area as mentioned in section 59 (d) , including its measurements;\n- (c) a copy of the results of a volumetric survey of the area carried out under section 72Y or 72Z ;\n- (d) any document that records any other event for the area as prescribed by regulation.","sortOrder":125},{"sectionNumber":"sec.72Y","sectionType":"section","heading":"Volumetric survey for resource recovery area in waste levy zone","content":"### sec.72Y Volumetric survey for resource recovery area in waste levy zone\n\nFrom 1 June 2020, this section applies for a resource recovery area for a waste disposal site in the waste levy zone.\nThe entity having responsibility for the operation of the resource recovery area must, in each year—\nensure that a volumetric survey is carried out in June for all stockpiled waste at the resource recovery area; and\ngive the chief executive a copy of the results of the volumetric survey in the approved form before the end of July.\nMaximum penalty—200 penalty units.\nThe volumetric survey must be carried out in compliance with the requirements prescribed by regulation.\nThe results of the volumetric survey must—\nbe in electronic form; and\ninclude a topographical plan complying with the specifications advised by the chief executive; and\ninclude details of the following—\nthe area of the resource recovery area;\nthe stockpiles of waste, including recyclable waste, at the area; and\nbe certified as accurate by a surveyor under the Surveyors Act 2003 .\nThis section continues to apply to the entity having responsibility for the operation of the resource recovery area even if the declaration of the area as a resource recovery area is cancelled or revoked.\nHowever, if a matter mentioned in subsection (5) happens, the carrying out of the survey and the giving of a copy of the results to the chief executive may happen earlier than when otherwise required under subsection (2) .\nThis section does not apply to a resource recovery area for a small site until 1 June 2022.\ns 72Y ins 2019 No. 2 s 6\n(sec.72Y-ssec.1) From 1 June 2020, this section applies for a resource recovery area for a waste disposal site in the waste levy zone.\n(sec.72Y-ssec.2) The entity having responsibility for the operation of the resource recovery area must, in each year— ensure that a volumetric survey is carried out in June for all stockpiled waste at the resource recovery area; and give the chief executive a copy of the results of the volumetric survey in the approved form before the end of July. Maximum penalty—200 penalty units.\n(sec.72Y-ssec.3) The volumetric survey must be carried out in compliance with the requirements prescribed by regulation.\n(sec.72Y-ssec.4) The results of the volumetric survey must— be in electronic form; and include a topographical plan complying with the specifications advised by the chief executive; and include details of the following— the area of the resource recovery area; the stockpiles of waste, including recyclable waste, at the area; and be certified as accurate by a surveyor under the Surveyors Act 2003 .\n(sec.72Y-ssec.5) This section continues to apply to the entity having responsibility for the operation of the resource recovery area even if the declaration of the area as a resource recovery area is cancelled or revoked.\n(sec.72Y-ssec.6) However, if a matter mentioned in subsection (5) happens, the carrying out of the survey and the giving of a copy of the results to the chief executive may happen earlier than when otherwise required under subsection (2) .\n(sec.72Y-ssec.7) This section does not apply to a resource recovery area for a small site until 1 June 2022.\n- (a) ensure that a volumetric survey is carried out in June for all stockpiled waste at the resource recovery area; and\n- (b) give the chief executive a copy of the results of the volumetric survey in the approved form before the end of July.\n- (a) be in electronic form; and\n- (b) include a topographical plan complying with the specifications advised by the chief executive; and\n- (c) include details of the following— (i) the area of the resource recovery area; (ii) the stockpiles of waste, including recyclable waste, at the area; and\n- (i) the area of the resource recovery area;\n- (ii) the stockpiles of waste, including recyclable waste, at the area; and\n- (d) be certified as accurate by a surveyor under the Surveyors Act 2003 .\n- (i) the area of the resource recovery area;\n- (ii) the stockpiles of waste, including recyclable waste, at the area; and","sortOrder":126},{"sectionNumber":"sec.72Z","sectionType":"section","heading":"Volumetric survey for resource recovery area in non-levy zone","content":"### sec.72Z Volumetric survey for resource recovery area in non-levy zone\n\nThis section applies for a resource recovery area declared for a waste disposal site if—\nthe site is in the non-levy zone; and\neither—\nfrom 1 July 2019 to 31 December 2019—at least 300 tonnes of levyable waste, generated outside the non-levy zone, is received at the resource recovery area; or\nfrom 1 January 2020—at least 600 tonnes of levyable waste, generated outside the non-levy zone, is received at the resource recovery area during a year.\nThe entity having responsibility for the operation of the resource recovery area must—\nbefore the end of June of the following year, ensure a volumetric survey is carried out for all stockpiled waste at the resource recovery area; and\nbefore the end of July in the following year, give the chief executive a copy of the results of the survey in the approved form.\nMaximum penalty—200 penalty units.\nThe volumetric survey must be carried out in compliance with the requirements prescribed by regulation.\nThe results of the volumetric survey must—\nbe in electronic form; and\ninclude a topographical plan complying with specifications advised by the chief executive; and\ninclude details of the following—\nthe area of the resource recovery area;\nthe stockpiles of waste, including recyclable waste, at the area; and\nbe certified as accurate by a surveyor under the Surveyors Act 2003 .\nThis section continues to apply to the entity having responsibility for the operation of the resource recovery area even if the declaration of the area as a resource recovery area is cancelled or revoked.\nHowever, if a matter mentioned in subsection (5) happens, the carrying out of the survey and the giving of a copy of the results to the chief executive may happen earlier than when otherwise required under subsection (2) .\nThis section does not apply to a resource recovery area declared for a small site until 1 June 2022.\ns 72Z ins 2019 No. 2 s 6\n(sec.72Z-ssec.1) This section applies for a resource recovery area declared for a waste disposal site if— the site is in the non-levy zone; and either— from 1 July 2019 to 31 December 2019—at least 300 tonnes of levyable waste, generated outside the non-levy zone, is received at the resource recovery area; or from 1 January 2020—at least 600 tonnes of levyable waste, generated outside the non-levy zone, is received at the resource recovery area during a year.\n(sec.72Z-ssec.2) The entity having responsibility for the operation of the resource recovery area must— before the end of June of the following year, ensure a volumetric survey is carried out for all stockpiled waste at the resource recovery area; and before the end of July in the following year, give the chief executive a copy of the results of the survey in the approved form. Maximum penalty—200 penalty units.\n(sec.72Z-ssec.3) The volumetric survey must be carried out in compliance with the requirements prescribed by regulation.\n(sec.72Z-ssec.4) The results of the volumetric survey must— be in electronic form; and include a topographical plan complying with specifications advised by the chief executive; and include details of the following— the area of the resource recovery area; the stockpiles of waste, including recyclable waste, at the area; and be certified as accurate by a surveyor under the Surveyors Act 2003 .\n(sec.72Z-ssec.5) This section continues to apply to the entity having responsibility for the operation of the resource recovery area even if the declaration of the area as a resource recovery area is cancelled or revoked.\n(sec.72Z-ssec.6) However, if a matter mentioned in subsection (5) happens, the carrying out of the survey and the giving of a copy of the results to the chief executive may happen earlier than when otherwise required under subsection (2) .\n(sec.72Z-ssec.7) This section does not apply to a resource recovery area declared for a small site until 1 June 2022.\n- (a) the site is in the non-levy zone; and\n- (b) either— (i) from 1 July 2019 to 31 December 2019—at least 300 tonnes of levyable waste, generated outside the non-levy zone, is received at the resource recovery area; or (ii) from 1 January 2020—at least 600 tonnes of levyable waste, generated outside the non-levy zone, is received at the resource recovery area during a year.\n- (i) from 1 July 2019 to 31 December 2019—at least 300 tonnes of levyable waste, generated outside the non-levy zone, is received at the resource recovery area; or\n- (ii) from 1 January 2020—at least 600 tonnes of levyable waste, generated outside the non-levy zone, is received at the resource recovery area during a year.\n- (i) from 1 July 2019 to 31 December 2019—at least 300 tonnes of levyable waste, generated outside the non-levy zone, is received at the resource recovery area; or\n- (ii) from 1 January 2020—at least 600 tonnes of levyable waste, generated outside the non-levy zone, is received at the resource recovery area during a year.\n- (a) before the end of June of the following year, ensure a volumetric survey is carried out for all stockpiled waste at the resource recovery area; and\n- (b) before the end of July in the following year, give the chief executive a copy of the results of the survey in the approved form.\n- (a) be in electronic form; and\n- (b) include a topographical plan complying with specifications advised by the chief executive; and\n- (c) include details of the following— (i) the area of the resource recovery area; (ii) the stockpiles of waste, including recyclable waste, at the area; and\n- (i) the area of the resource recovery area;\n- (ii) the stockpiles of waste, including recyclable waste, at the area; and\n- (d) be certified as accurate by a surveyor under the Surveyors Act 2003 .\n- (i) the area of the resource recovery area;\n- (ii) the stockpiles of waste, including recyclable waste, at the area; and","sortOrder":127},{"sectionNumber":"sec.73","sectionType":"section","heading":"Volumetric survey carried out by chief executive","content":"### sec.73 Volumetric survey carried out by chief executive\n\nThis section applies if the entity having responsibility for the operation of a resource recovery area—\nis required to carry out a volumetric survey under section 72Y (2) (a) or 72Z (2) (a) ; but\nfails to carry out the volumetric survey in compliance with the requirements prescribed by regulation.\nThe chief executive may arrange for the volumetric survey to be carried out at the resource recovery area and for that purpose may direct an authorised person to enter the area to facilitate the carrying out of the survey.\nThe chief executive may recover the cost of carrying out the volumetric survey from the entity as a debt payable by the entity to the State.\ns 73 prev s 73 om 2013 No. 6 s 31\npres s 73 ins 2019 No. 2 s 6\n(sec.73-ssec.1) This section applies if the entity having responsibility for the operation of a resource recovery area— is required to carry out a volumetric survey under section 72Y (2) (a) or 72Z (2) (a) ; but fails to carry out the volumetric survey in compliance with the requirements prescribed by regulation.\n(sec.73-ssec.2) The chief executive may arrange for the volumetric survey to be carried out at the resource recovery area and for that purpose may direct an authorised person to enter the area to facilitate the carrying out of the survey.\n(sec.73-ssec.3) The chief executive may recover the cost of carrying out the volumetric survey from the entity as a debt payable by the entity to the State.\n- (a) is required to carry out a volumetric survey under section 72Y (2) (a) or 72Z (2) (a) ; but\n- (b) fails to carry out the volumetric survey in compliance with the requirements prescribed by regulation.","sortOrder":128},{"sectionNumber":"sec.73A","sectionType":"section","heading":"Obligations of entity responsible for operation of resource recovery area","content":"### sec.73A Obligations of entity responsible for operation of resource recovery area\n\nThis section applies if the operator of a waste disposal site has declared, or claims to have declared, an area as a resource recovery area under section 72S .\nThe entity having responsibility for the operation of the resource recovery area must ensure—\nthere is not an active landfill cell within the area; and\nthe area complies with the requirements for the area prescribed by regulation; and\nthe physical barrier between the resource recovery area and the rest of the waste disposal site complies with the requirements prescribed by regulation; and\nthe points of access allowing vehicles to move between the area and the rest of the waste disposal site comply with the requirements prescribed by regulation.\nMaximum penalty—1,665 penalty units.\ns 73A ins 2019 No. 2 s 6\n(sec.73A-ssec.1) This section applies if the operator of a waste disposal site has declared, or claims to have declared, an area as a resource recovery area under section 72S .\n(sec.73A-ssec.2) The entity having responsibility for the operation of the resource recovery area must ensure— there is not an active landfill cell within the area; and the area complies with the requirements for the area prescribed by regulation; and the physical barrier between the resource recovery area and the rest of the waste disposal site complies with the requirements prescribed by regulation; and the points of access allowing vehicles to move between the area and the rest of the waste disposal site comply with the requirements prescribed by regulation. Maximum penalty—1,665 penalty units.\n- (a) there is not an active landfill cell within the area; and\n- (b) the area complies with the requirements for the area prescribed by regulation; and\n- (c) the physical barrier between the resource recovery area and the rest of the waste disposal site complies with the requirements prescribed by regulation; and\n- (d) the points of access allowing vehicles to move between the area and the rest of the waste disposal site comply with the requirements prescribed by regulation.","sortOrder":129},{"sectionNumber":"sec.73B","sectionType":"section","heading":"False claims about resource recovery area","content":"### sec.73B False claims about resource recovery area\n\nThe operator of a waste disposal site must not claim to have a resource recovery area for the site if—\nthe operator has not declared the area under section 72S ; or\nthe declaration of the area has been cancelled or revoked under section 72V or 72W .\nMaximum penalty—1,665 penalty units.\nThe operator of a waste disposal site must not falsely claim a part of the site is within the resource recovery area for the site.\nMaximum penalty—1,665 penalty units.\ns 73B ins 2019 No. 2 s 6\n(sec.73B-ssec.1) The operator of a waste disposal site must not claim to have a resource recovery area for the site if— the operator has not declared the area under section 72S ; or the declaration of the area has been cancelled or revoked under section 72V or 72W . Maximum penalty—1,665 penalty units.\n(sec.73B-ssec.2) The operator of a waste disposal site must not falsely claim a part of the site is within the resource recovery area for the site. Maximum penalty—1,665 penalty units.\n- (a) the operator has not declared the area under section 72S ; or\n- (b) the declaration of the area has been cancelled or revoked under section 72V or 72W .","sortOrder":130},{"sectionNumber":"sec.73C","sectionType":"section","heading":"Changes affecting resource recovery area requiring notification","content":"### sec.73C Changes affecting resource recovery area requiring notification\n\nThis section applies for a waste disposal site if a declaration of a resource recovery area is in effect for the site.\nIf there is a change to the physical barrier or points of access for the resource recovery area that does not change the boundaries of the area, the operator of the waste disposal site must do all of the following within 7 days after the change happens—\namend the plan of the waste disposal site;\ngive the chief executive notice of the change in the approved form;\ngive the chief executive a copy of the amended plan of the waste disposal site indicating the resource recovery area and clearly showing the physical barrier and points of access for the area.\nMaximum penalty—300 penalty units.\nIf the recycling activities declared to be conducted in the resource recovery area change, the operator of the waste disposal site must advise the chief executive of the change within 7 days after the change happens.\nMaximum penalty—100 penalty units.\nIf there is a change of the entity having responsibility for the operation of the resource recovery area, the entity having responsibility for the operation of the area immediately before the change must notify the chief executive of the change within 7 days after the change happens.\nMaximum penalty—100 penalty units.\ns 73C ins 2019 No. 2 s 6\n(sec.73C-ssec.1) This section applies for a waste disposal site if a declaration of a resource recovery area is in effect for the site.\n(sec.73C-ssec.2) If there is a change to the physical barrier or points of access for the resource recovery area that does not change the boundaries of the area, the operator of the waste disposal site must do all of the following within 7 days after the change happens— amend the plan of the waste disposal site; give the chief executive notice of the change in the approved form; give the chief executive a copy of the amended plan of the waste disposal site indicating the resource recovery area and clearly showing the physical barrier and points of access for the area. Maximum penalty—300 penalty units.\n(sec.73C-ssec.3) If the recycling activities declared to be conducted in the resource recovery area change, the operator of the waste disposal site must advise the chief executive of the change within 7 days after the change happens. Maximum penalty—100 penalty units.\n(sec.73C-ssec.4) If there is a change of the entity having responsibility for the operation of the resource recovery area, the entity having responsibility for the operation of the area immediately before the change must notify the chief executive of the change within 7 days after the change happens. Maximum penalty—100 penalty units.\n- (a) amend the plan of the waste disposal site;\n- (b) give the chief executive notice of the change in the approved form;\n- (c) give the chief executive a copy of the amended plan of the waste disposal site indicating the resource recovery area and clearly showing the physical barrier and points of access for the area.","sortOrder":131},{"sectionNumber":"ch.3-pt.7","sectionType":"part","heading":"Payments to local governments","content":"# Payments to local governments","sortOrder":132},{"sectionNumber":"sec.73D","sectionType":"section","heading":"Definitions for part","content":"### sec.73D Definitions for part\n\nIn this part—\nrate notice means a notice issued under the City of Brisbane Act 2010 , or the Local Government Act 2009 , to levy rates and charges.\nrelevant payment means an amount paid to a local government under—\nsection 73DA (2) ; or\nsection 73DB (3) (a) .\ns 73D ins 2019 No. 2 s 6\nsub 2023 No. 15 s 17\n- (a) section 73DA (2) ; or\n- (b) section 73DB (3) (a) .","sortOrder":133},{"sectionNumber":"sec.73DA","sectionType":"section","heading":"Annual payments to local governments","content":"### sec.73DA Annual payments to local governments\n\nA regulation may prescribe an amount, for a financial year, that is to be paid under this section to a local government affected by the waste levy.\nThe chief executive must pay the amount to the local government.\ns 73DA ins 2023 No. 15 s 17\n(sec.73DA-ssec.1) A regulation may prescribe an amount, for a financial year, that is to be paid under this section to a local government affected by the waste levy.\n(sec.73DA-ssec.2) The chief executive must pay the amount to the local government.","sortOrder":134},{"sectionNumber":"sec.73DB","sectionType":"section","heading":"Additional payments to local governments","content":"### sec.73DB Additional payments to local governments\n\nThe local government may request payment of an additional amount for the financial year to further mitigate the direct effects of the waste levy on households in the local government’s local government area.\nThe request must—\nbe made in writing to the chief executive; and\ninclude the information prescribed by regulation.\nThe chief executive must consider the request and must decide to—\npay to the local government an additional amount the chief executive considers appropriate; or\nrefuse the request.\ns 73DB ins 2023 No. 15 s 17\n(sec.73DB-ssec.1) The local government may request payment of an additional amount for the financial year to further mitigate the direct effects of the waste levy on households in the local government’s local government area.\n(sec.73DB-ssec.2) The request must— be made in writing to the chief executive; and include the information prescribed by regulation.\n(sec.73DB-ssec.3) The chief executive must consider the request and must decide to— pay to the local government an additional amount the chief executive considers appropriate; or refuse the request.\n- (a) be made in writing to the chief executive; and\n- (b) include the information prescribed by regulation.\n- (a) pay to the local government an additional amount the chief executive considers appropriate; or\n- (b) refuse the request.","sortOrder":135},{"sectionNumber":"sec.73DC","sectionType":"section","heading":"Use of relevant payments","content":"### sec.73DC Use of relevant payments\n\nThe local government must use a relevant payment to mitigate the direct effects of the waste levy on households in the local government’s local government area.\nSubsection (3) applies if the chief executive believes the local government has not used a relevant payment as required under subsection (1) .\nUntil the chief executive is satisfied the local government has used the relevant payment as required under subsection (1) , the chief executive must not make any further relevant payments to the local government.\ns 73DC ins 2023 No. 15 s 17\n(sec.73DC-ssec.1) The local government must use a relevant payment to mitigate the direct effects of the waste levy on households in the local government’s local government area.\n(sec.73DC-ssec.2) Subsection (3) applies if the chief executive believes the local government has not used a relevant payment as required under subsection (1) .\n(sec.73DC-ssec.3) Until the chief executive is satisfied the local government has used the relevant payment as required under subsection (1) , the chief executive must not make any further relevant payments to the local government.","sortOrder":136},{"sectionNumber":"sec.73DD","sectionType":"section","heading":"Rate notice to include statement about relevant payments","content":"### sec.73DD Rate notice to include statement about relevant payments\n\nThe first rate notice issued to an entity by the local government after receiving a relevant payment must state—\nthe amount of the payment; and\nthe purpose for which the payment has been, or will be, used.\nSubsection (3) applies if the chief executive believes the local government has not complied with subsection (1) in relation to an entity.\nUntil the chief executive is satisfied the local government has informed the entity of the matters mentioned in subsection (1) , the chief executive may refuse to make any further relevant payments to the local government.\ns 73DD ins 2023 No. 15 s 17\n(sec.73DD-ssec.1) The first rate notice issued to an entity by the local government after receiving a relevant payment must state— the amount of the payment; and the purpose for which the payment has been, or will be, used.\n(sec.73DD-ssec.2) Subsection (3) applies if the chief executive believes the local government has not complied with subsection (1) in relation to an entity.\n(sec.73DD-ssec.3) Until the chief executive is satisfied the local government has informed the entity of the matters mentioned in subsection (1) , the chief executive may refuse to make any further relevant payments to the local government.\n- (a) the amount of the payment; and\n- (b) the purpose for which the payment has been, or will be, used.","sortOrder":137},{"sectionNumber":"sec.73DE","sectionType":"section","heading":"Local government must not distribute misinformation","content":"### sec.73DE Local government must not distribute misinformation\n\nThis section applies if the chief executive believes the local government has, after receiving a relevant payment, distributed misinformation in relation to the payment.\nUntil the chief executive is satisfied the local government has informed the intended recipients of the misinformation of how the misinformation is false or misleading, the chief executive may refuse to make any further relevant payments to the local government.\nA local government is taken to distribute misinformation if the local government—\nincludes the misinformation in a rate notice, or other document, issued by the local government; or\npublishes the misinformation on the local government’s website; or\nincludes the misinformation in an advertisement made by, or on behalf of, the local government.\nIn this section—\nmisinformation , in relation to a relevant payment received by a local government, means a false or misleading statement about—\nthe effect of the waste levy on the local government or households in the local government’s local government area; or\nthe amount of the payment; or\nthe purpose of the payment.\ns 73DE ins 2023 No. 15 s 17\n(sec.73DE-ssec.1) This section applies if the chief executive believes the local government has, after receiving a relevant payment, distributed misinformation in relation to the payment.\n(sec.73DE-ssec.2) Until the chief executive is satisfied the local government has informed the intended recipients of the misinformation of how the misinformation is false or misleading, the chief executive may refuse to make any further relevant payments to the local government.\n(sec.73DE-ssec.3) A local government is taken to distribute misinformation if the local government— includes the misinformation in a rate notice, or other document, issued by the local government; or publishes the misinformation on the local government’s website; or includes the misinformation in an advertisement made by, or on behalf of, the local government.\n(sec.73DE-ssec.4) In this section— misinformation , in relation to a relevant payment received by a local government, means a false or misleading statement about— the effect of the waste levy on the local government or households in the local government’s local government area; or the amount of the payment; or the purpose of the payment.\n- (a) includes the misinformation in a rate notice, or other document, issued by the local government; or\n- (b) publishes the misinformation on the local government’s website; or\n- (c) includes the misinformation in an advertisement made by, or on behalf of, the local government.\n- (a) the effect of the waste levy on the local government or households in the local government’s local government area; or\n- (b) the amount of the payment; or\n- (c) the purpose of the payment.","sortOrder":138},{"sectionNumber":"ch.3-pt.8","sectionType":"part","heading":"Review of efficacy of waste levy","content":"# Review of efficacy of waste levy","sortOrder":139},{"sectionNumber":"sec.73E","sectionType":"section","heading":"Review of efficacy of waste levy","content":"### sec.73E Review of efficacy of waste levy\n\nThe chief executive must review the efficacy of the waste levy—\nwithin 3 years after the commencement; and\nat intervals of not more than 10 years from 1 review to the next.\ns 73E ins 2019 No. 2 s 6\n- (a) within 3 years after the commencement; and\n- (b) at intervals of not more than 10 years from 1 review to the next.","sortOrder":140},{"sectionNumber":"ch.4-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":141},{"sectionNumber":"sec.74","sectionType":"section","heading":"Purpose of chapter","content":"### sec.74 Purpose of chapter\n\nThe purpose of this chapter is—\nto encourage, and in particular circumstances to require, persons who are involved in the life cycle of a product to share responsibility for—\nensuring that, for the product, there is effective waste avoidance, reduction, re-use, recycling, recovery or treatment; and\nmanaging the impacts of the product throughout its life cycle, including end-of-use management; and\notherwise—to improve the management of waste that is not a product.\ns 74 sub 2014 No. 59 s 149\n- (a) to encourage, and in particular circumstances to require, persons who are involved in the life cycle of a product to share responsibility for— (i) ensuring that, for the product, there is effective waste avoidance, reduction, re-use, recycling, recovery or treatment; and (ii) managing the impacts of the product throughout its life cycle, including end-of-use management; and\n- (i) ensuring that, for the product, there is effective waste avoidance, reduction, re-use, recycling, recovery or treatment; and\n- (ii) managing the impacts of the product throughout its life cycle, including end-of-use management; and\n- (b) otherwise—to improve the management of waste that is not a product.\n- (i) ensuring that, for the product, there is effective waste avoidance, reduction, re-use, recycling, recovery or treatment; and\n- (ii) managing the impacts of the product throughout its life cycle, including end-of-use management; and","sortOrder":142},{"sectionNumber":"sec.74A","sectionType":"section","heading":"Definitions for ch 4","content":"### sec.74A Definitions for ch 4\n\nIn this chapter—\nproducer , of a product, includes any of the following—\nthe manufacturer of the product;\na person who imports the product into Queensland;\na person who supplies the product in Queensland;\na person who has a legal or equitable interest in the name under which the product is supplied in Queensland.\ns 74A ins 2014 No. 59 s 150\n- (a) the manufacturer of the product;\n- (b) a person who imports the product into Queensland;\n- (c) a person who supplies the product in Queensland;\n- (d) a person who has a legal or equitable interest in the name under which the product is supplied in Queensland.","sortOrder":143},{"sectionNumber":"ch.4-pt.2","sectionType":"part","heading":"Priority products and priority waste","content":"# Priority products and priority waste","sortOrder":144},{"sectionNumber":"sec.75","sectionType":"section","heading":"Preparation and notification of draft priority statement","content":"### sec.75 Preparation and notification of draft priority statement\n\nThe chief executive may—\nprepare a draft priority statement for—\n1 or more products; or\n1 or more categories of waste; and\nadvertise the existence and availability of the statement by notice published on the department’s website and in any other way the chief executive considers appropriate.\nThe notice must state—\nhow copies of the draft priority statement may be obtained or accessed; and\nthe period, of at least 28 days after publication of the notice, within which a person may make a written submission to the chief executive about any matter relevant to the statement.\ns 75 amd 2014 No. 59 s 152\n(sec.75-ssec.1) The chief executive may— prepare a draft priority statement for— 1 or more products; or 1 or more categories of waste; and advertise the existence and availability of the statement by notice published on the department’s website and in any other way the chief executive considers appropriate.\n(sec.75-ssec.2) The notice must state— how copies of the draft priority statement may be obtained or accessed; and the period, of at least 28 days after publication of the notice, within which a person may make a written submission to the chief executive about any matter relevant to the statement.\n- (a) prepare a draft priority statement for— (i) 1 or more products; or (ii) 1 or more categories of waste; and\n- (i) 1 or more products; or\n- (ii) 1 or more categories of waste; and\n- (b) advertise the existence and availability of the statement by notice published on the department’s website and in any other way the chief executive considers appropriate.\n- (i) 1 or more products; or\n- (ii) 1 or more categories of waste; and\n- (a) how copies of the draft priority statement may be obtained or accessed; and\n- (b) the period, of at least 28 days after publication of the notice, within which a person may make a written submission to the chief executive about any matter relevant to the statement.","sortOrder":145},{"sectionNumber":"sec.76","sectionType":"section","heading":"Requirements for draft priority statement","content":"### sec.76 Requirements for draft priority statement\n\nThe draft priority statement must state—\nthe products or category of waste intended to be included in the final statement as priority products or priority waste; and\nhow each proposed product or the proposed category of waste satisfies the criteria under section 77 ; and\nthe management options under consideration for each proposed product, a strategic waste planning option, an end of waste code or an end of waste approval.\nIn deciding whether to include a product or category of waste in the draft priority statement, the chief executive must consider—\nwhether the product or category of waste satisfies the criteria under section 77 ; and\nwhether action is proposed or is currently in progress for the product or category of waste through a national approach; and\nwhether there are significant benefits from taking action to reduce impacts from disposal of the product or category of waste.\nIn deciding the management options to be stated under subsection (1) (c) , the chief executive must have regard to the waste and resource management hierarchy and the waste and resource management principles.\nIn preparing a draft priority statement, the chief executive may consult with any expert reference group or other entity the chief executive considers appropriate.\ns 76 amd 2014 No. 59 ss 153, 166\n(sec.76-ssec.1) The draft priority statement must state— the products or category of waste intended to be included in the final statement as priority products or priority waste; and how each proposed product or the proposed category of waste satisfies the criteria under section 77 ; and the management options under consideration for each proposed product, a strategic waste planning option, an end of waste code or an end of waste approval.\n(sec.76-ssec.2) In deciding whether to include a product or category of waste in the draft priority statement, the chief executive must consider— whether the product or category of waste satisfies the criteria under section 77 ; and whether action is proposed or is currently in progress for the product or category of waste through a national approach; and whether there are significant benefits from taking action to reduce impacts from disposal of the product or category of waste.\n(sec.76-ssec.3) In deciding the management options to be stated under subsection (1) (c) , the chief executive must have regard to the waste and resource management hierarchy and the waste and resource management principles.\n(sec.76-ssec.4) In preparing a draft priority statement, the chief executive may consult with any expert reference group or other entity the chief executive considers appropriate.\n- (a) the products or category of waste intended to be included in the final statement as priority products or priority waste; and\n- (b) how each proposed product or the proposed category of waste satisfies the criteria under section 77 ; and\n- (c) the management options under consideration for each proposed product, a strategic waste planning option, an end of waste code or an end of waste approval.\n- (a) whether the product or category of waste satisfies the criteria under section 77 ; and\n- (b) whether action is proposed or is currently in progress for the product or category of waste through a national approach; and\n- (c) whether there are significant benefits from taking action to reduce impacts from disposal of the product or category of waste.","sortOrder":146},{"sectionNumber":"sec.77","sectionType":"section","heading":"Criteria for a priority product or priority waste","content":"### sec.77 Criteria for a priority product or priority waste\n\nA product or category of waste satisfies the criteria for a priority product or priority waste if at least 2 of the following apply to the product or category of waste—\nthe product or category of waste contains hazardous or toxic substances;\nthere is potential to reduce the consumption of resources through improved management of the product or category of waste;\nthere is potential to reduce the environmental impacts of the disposal of the product or category of waste through improved management of the product or category of waste;\ngreenhouse gas emissions from landfill, occurrence of leachates\nthere is potential to reduce the social impacts of the disposal of the product or category of waste through improved management of the product or waste;\ndanger to waste management workers, community concern, amenity\ntreating or disposing of the product or category of waste involves a significant cost to the community;\nimproved management of the product or category of waste is likely to create business opportunities that would contribute to the economy.\ns 77 sub 2014 No. 59 s 154\n- (a) the product or category of waste contains hazardous or toxic substances;\n- (b) there is potential to reduce the consumption of resources through improved management of the product or category of waste;\n- (c) there is potential to reduce the environmental impacts of the disposal of the product or category of waste through improved management of the product or category of waste; Examples of environmental impacts— greenhouse gas emissions from landfill, occurrence of leachates\n- (d) there is potential to reduce the social impacts of the disposal of the product or category of waste through improved management of the product or waste; Examples of social impacts— danger to waste management workers, community concern, amenity\n- (e) treating or disposing of the product or category of waste involves a significant cost to the community;\n- (f) improved management of the product or category of waste is likely to create business opportunities that would contribute to the economy.","sortOrder":147},{"sectionNumber":"sec.78","sectionType":"section","heading":"Inclusion of invitation for voluntary product stewardship scheme","content":"### sec.78 Inclusion of invitation for voluntary product stewardship scheme\n\nThe chief executive may include in the final priority statement, for a particular product included in the final statement, an invitation (a scheme invitation ) for persons to submit a proposed voluntary product stewardship scheme for accreditation.\nHowever, in including a scheme invitation, the chief executive must have regard to the following—\nwhether the product can be effectively managed under a voluntary product stewardship scheme;\nwhether an approved program is in existence for the product and whether the program is being appropriately implemented.\nA scheme invitation must state—\nthe period, of at least 18 months, within which any proposed voluntary product stewardship scheme would have to be submitted for accreditation; and\nthe expected outcomes from any proposed voluntary product stewardship scheme; and\nthat if no voluntary product stewardship scheme is accredited for the product, a regulation may be made to establish a regulated product stewardship scheme for the product.\nA scheme invitation may state—\nany limitations to the scope of a proposed voluntary product stewardship scheme, including for example geographic or business type or size limitations; and\nother matters relevant to a voluntary product stewardship scheme for the particular product.\nThe chief executive is not stopped from subsequently granting a single extension of the period mentioned in subsection (3) (a) for not more than 1 year at the request of the proposed scheme manager for a proposed voluntary product stewardship scheme.\ns 78 amd 2014 No. 59 s 155\n(sec.78-ssec.1) The chief executive may include in the final priority statement, for a particular product included in the final statement, an invitation (a scheme invitation ) for persons to submit a proposed voluntary product stewardship scheme for accreditation.\n(sec.78-ssec.2) However, in including a scheme invitation, the chief executive must have regard to the following— whether the product can be effectively managed under a voluntary product stewardship scheme; whether an approved program is in existence for the product and whether the program is being appropriately implemented.\n(sec.78-ssec.3) A scheme invitation must state— the period, of at least 18 months, within which any proposed voluntary product stewardship scheme would have to be submitted for accreditation; and the expected outcomes from any proposed voluntary product stewardship scheme; and that if no voluntary product stewardship scheme is accredited for the product, a regulation may be made to establish a regulated product stewardship scheme for the product.\n(sec.78-ssec.4) A scheme invitation may state— any limitations to the scope of a proposed voluntary product stewardship scheme, including for example geographic or business type or size limitations; and other matters relevant to a voluntary product stewardship scheme for the particular product.\n(sec.78-ssec.5) The chief executive is not stopped from subsequently granting a single extension of the period mentioned in subsection (3) (a) for not more than 1 year at the request of the proposed scheme manager for a proposed voluntary product stewardship scheme.\n- (a) whether the product can be effectively managed under a voluntary product stewardship scheme;\n- (b) whether an approved program is in existence for the product and whether the program is being appropriately implemented.\n- (a) the period, of at least 18 months, within which any proposed voluntary product stewardship scheme would have to be submitted for accreditation; and\n- (b) the expected outcomes from any proposed voluntary product stewardship scheme; and\n- (c) that if no voluntary product stewardship scheme is accredited for the product, a regulation may be made to establish a regulated product stewardship scheme for the product.\n- (a) any limitations to the scope of a proposed voluntary product stewardship scheme, including for example geographic or business type or size limitations; and\n- (b) other matters relevant to a voluntary product stewardship scheme for the particular product.","sortOrder":148},{"sectionNumber":"sec.79","sectionType":"section","heading":"Finalisation of priority statement","content":"### sec.79 Finalisation of priority statement\n\nThe chief executive must prepare, and give to the Minister, a final version of the priority statement.\nWhen preparing the final priority statement, the chief executive must consider all submissions made to the chief executive on the draft priority statement under section 75 .\ns 79 amd 2014 No. 59 s 156\n(sec.79-ssec.1) The chief executive must prepare, and give to the Minister, a final version of the priority statement.\n(sec.79-ssec.2) When preparing the final priority statement, the chief executive must consider all submissions made to the chief executive on the draft priority statement under section 75 .","sortOrder":149},{"sectionNumber":"sec.80","sectionType":"section","heading":"Approval of final priority statement","content":"### sec.80 Approval of final priority statement\n\nThe final priority statement does not have effect as a priority statement under this Act until it has been approved by the Minister by gazette notice.\nThe priority statement comes into effect on the day the Minister’s approval is gazetted or on a later day stated in the gazette notice or in the priority statement for that purpose.\nThe gazette notice in which the Minister approves the priority statement must include details about where a copy of the priority statement may be inspected and obtained.\nThe chief executive must publish the priority statement on the department’s website as soon as practicable after its approval.\ns 80 amd 2014 No. 59 s 157\n(sec.80-ssec.1) The final priority statement does not have effect as a priority statement under this Act until it has been approved by the Minister by gazette notice.\n(sec.80-ssec.2) The priority statement comes into effect on the day the Minister’s approval is gazetted or on a later day stated in the gazette notice or in the priority statement for that purpose.\n(sec.80-ssec.3) The gazette notice in which the Minister approves the priority statement must include details about where a copy of the priority statement may be inspected and obtained.\n(sec.80-ssec.4) The chief executive must publish the priority statement on the department’s website as soon as practicable after its approval.","sortOrder":150},{"sectionNumber":"sec.81","sectionType":"section","heading":"Minor amendment of priority statement","content":"### sec.81 Minor amendment of priority statement\n\nA minor amendment of the priority statement may be made without the requirements of this part having been complied with, other than the requirement for approval by the Minister by gazette notice.\nIn this section—\nminor amendment , of the priority statement, means an amendment or replacement of the statement—\nto correct a minor error in the statement; or\nto make another change that is not a change of substance.\ns 81 amd 2014 No. 59 s 158\n(sec.81-ssec.1) A minor amendment of the priority statement may be made without the requirements of this part having been complied with, other than the requirement for approval by the Minister by gazette notice.\n(sec.81-ssec.2) In this section— minor amendment , of the priority statement, means an amendment or replacement of the statement— to correct a minor error in the statement; or to make another change that is not a change of substance.\n- (a) to correct a minor error in the statement; or\n- (b) to make another change that is not a change of substance.","sortOrder":151},{"sectionNumber":"sec.82","sectionType":"section","heading":"Review of priority statement","content":"### sec.82 Review of priority statement\n\nAt least once every 3 years, the chief executive must review the priority statement and amend or replace the statement having regard to the outcome of the review.\nIf the process of review includes public consultation that in substance is equivalent to that required for the first draft priority statement under this chapter, the chief executive may prepare and give to the Minister, for approval by gazette notice, a final amending or replacement priority statement without having first prepared and consulted on a draft amending or replacement statement.\ns 82 amd 2014 No. 59 s 159\n(sec.82-ssec.1) At least once every 3 years, the chief executive must review the priority statement and amend or replace the statement having regard to the outcome of the review.\n(sec.82-ssec.2) If the process of review includes public consultation that in substance is equivalent to that required for the first draft priority statement under this chapter, the chief executive may prepare and give to the Minister, for approval by gazette notice, a final amending or replacement priority statement without having first prepared and consulted on a draft amending or replacement statement.","sortOrder":152},{"sectionNumber":"ch.4-pt.3","sectionType":"part","heading":"Product stewardship schemes","content":"# Product stewardship schemes","sortOrder":153},{"sectionNumber":"ch.4-pt.3-div.1","sectionType":"division","heading":"Product stewardship schemes generally","content":"## Product stewardship schemes generally","sortOrder":154},{"sectionNumber":"sec.83","sectionType":"section","heading":"What is a product stewardship scheme","content":"### sec.83 What is a product stewardship scheme\n\nA product stewardship scheme is a scheme—\nin which persons who are involved in the life cycle of a product share responsibility for the management and impact of the product throughout its life cycle, including end-of-use management; and\nthat seeks to redress the adverse impacts of a product.\n- (a) in which persons who are involved in the life cycle of a product share responsibility for the management and impact of the product throughout its life cycle, including end-of-use management; and\n- (b) that seeks to redress the adverse impacts of a product.","sortOrder":155},{"sectionNumber":"sec.84","sectionType":"section","heading":"What is a voluntary product stewardship scheme","content":"### sec.84 What is a voluntary product stewardship scheme\n\nA voluntary product stewardship scheme is a product stewardship scheme under which the participants in the scheme, as identified in the scheme, voluntarily share responsibility for the management and impact of the product.","sortOrder":156},{"sectionNumber":"sec.85","sectionType":"section","heading":"What is a regulated product stewardship scheme","content":"### sec.85 What is a regulated product stewardship scheme\n\nA regulated product stewardship scheme is a product stewardship scheme that is prescribed under a regulation under this part for a priority product.","sortOrder":157},{"sectionNumber":"sec.86","sectionType":"section","heading":"What is an approved program","content":"### sec.86 What is an approved program\n\nAn approved program , for a product, is a program, scheme or agreement applying to the product in a way that is substantially similar to the way a product stewardship scheme would apply to the product, but only if—\nthe State is a signatory to the program, scheme or agreement; or\nthe State has entered into a memorandum of understanding or similar arrangement supporting the application of the program, scheme or agreement; or\nthe State has been a party to the development and finalisation of the program, scheme or agreement; or\nthe program, scheme or agreement has been accredited or approved as part of a national product stewardship framework to which the State is a party.\n- (a) the State is a signatory to the program, scheme or agreement; or\n- (b) the State has entered into a memorandum of understanding or similar arrangement supporting the application of the program, scheme or agreement; or\n- (c) the State has been a party to the development and finalisation of the program, scheme or agreement; or\n- (d) the program, scheme or agreement has been accredited or approved as part of a national product stewardship framework to which the State is a party.","sortOrder":158},{"sectionNumber":"sec.87","sectionType":"section","heading":"When is a product stewardship scheme in force for a product","content":"### sec.87 When is a product stewardship scheme in force for a product\n\nA product stewardship scheme is in force for a product if—\nit is a voluntary product stewardship scheme applying to the product, and the scheme has been accredited by the chief executive under this part; or\nit is a regulated product stewardship scheme applying to the product.\nA product stewardship scheme mentioned in subsection (1) (a) is an accredited product stewardship scheme .\n(sec.87-ssec.1) A product stewardship scheme is in force for a product if— it is a voluntary product stewardship scheme applying to the product, and the scheme has been accredited by the chief executive under this part; or it is a regulated product stewardship scheme applying to the product.\n(sec.87-ssec.2) A product stewardship scheme mentioned in subsection (1) (a) is an accredited product stewardship scheme .\n- (a) it is a voluntary product stewardship scheme applying to the product, and the scheme has been accredited by the chief executive under this part; or\n- (b) it is a regulated product stewardship scheme applying to the product.","sortOrder":159},{"sectionNumber":"sec.88","sectionType":"section","heading":"Accredited product stewardship scheme does not override laws","content":"### sec.88 Accredited product stewardship scheme does not override laws\n\nAn accredited product stewardship scheme has no effect to the extent it is inconsistent with any law of the State or the Commonwealth.\nA provision of a voluntary product stewardship scheme for a product would have no effect to the extent it purported to require a participant in the scheme to deal with the product in a way prohibited under the Environmental Protection Act .","sortOrder":160},{"sectionNumber":"ch.4-pt.3-div.2","sectionType":"division","heading":"Accreditation of voluntary product stewardship schemes","content":"## Accreditation of voluntary product stewardship schemes","sortOrder":161},{"sectionNumber":"sec.89","sectionType":"section","heading":"Application for accreditation","content":"### sec.89 Application for accreditation\n\nThe person who is identified in a proposed voluntary product stewardship scheme as the scheme manager for the scheme may apply to the chief executive for accreditation of the scheme.\nAn application under subsection (1) must—\nbe in the approved form; and\ninclude the information prescribed under a regulation; and\nbe accompanied by the fee prescribed under a regulation; and\nif it is a proposed voluntary product stewardship scheme for a priority product—explain how the proposed scheme meets the requirements of this chapter for a product stewardship scheme for a priority product; and\nstate whether a regulation is required to facilitate the implementation or operation of the scheme; and\ninclude evidence of the agreement of persons identified as participants in the scheme.\n(sec.89-ssec.1) The person who is identified in a proposed voluntary product stewardship scheme as the scheme manager for the scheme may apply to the chief executive for accreditation of the scheme.\n(sec.89-ssec.2) An application under subsection (1) must— be in the approved form; and include the information prescribed under a regulation; and be accompanied by the fee prescribed under a regulation; and if it is a proposed voluntary product stewardship scheme for a priority product—explain how the proposed scheme meets the requirements of this chapter for a product stewardship scheme for a priority product; and state whether a regulation is required to facilitate the implementation or operation of the scheme; and include evidence of the agreement of persons identified as participants in the scheme.\n- (a) be in the approved form; and\n- (b) include the information prescribed under a regulation; and\n- (c) be accompanied by the fee prescribed under a regulation; and\n- (d) if it is a proposed voluntary product stewardship scheme for a priority product—explain how the proposed scheme meets the requirements of this chapter for a product stewardship scheme for a priority product; and\n- (e) state whether a regulation is required to facilitate the implementation or operation of the scheme; and\n- (f) include evidence of the agreement of persons identified as participants in the scheme.","sortOrder":162},{"sectionNumber":"sec.90","sectionType":"section","heading":"Requirements for accreditation","content":"### sec.90 Requirements for accreditation\n\nTo qualify for accreditation under this part, the proposed voluntary product stewardship scheme must—\nidentify the scheme manager for the scheme; and\ndescribe the scope of the scheme and identify, whether or not by reference to brand, the product to which the scheme applies; and\ninclude the following information—\nhow long the scheme is to be in force;\ntargets for avoiding, re-using or recycling of waste for the product;\ntime frames for achieving each target;\nthe information that is to be collected, assessed and audited to gauge performance of the scheme;\nhow the public is to be advised of information about the scheme; and\nlist the classes of persons involved in the design, manufacture, sale, use, servicing, collection, recovery, recycling, treatment or disposal of the product; and\nlist the participants in the scheme and assign to them their respective responsibilities for meeting the scheme’s objectives; and\nstate the arrangements for—\nmaking decisions under the scheme; and\nthe control and overall operation of the scheme; and\nkeeping records and making reports under the scheme; and\nstate the date the scheme ends; and\nidentify the processes for compliance with, and enforcement of, any agreements between the participants in the scheme; and\nprovide for assessing the scheme’s performance and for reporting on its performance to the Minister; and\nstate a strategy for publication of the scheme; and\nstate how information will be provided to purchasers, users and handlers of the product; and\nclearly outline how the scheme will be funded; and\nif the product under the proposed scheme is a priority product and the priority statement includes recommendations for improving management of the product—show how those recommendations are taken account of.\nThe proposed scheme may include any other matter a producer of the product considers relevant.\ns 90 amd 2014 No. 59 s 160\n(sec.90-ssec.1) To qualify for accreditation under this part, the proposed voluntary product stewardship scheme must— identify the scheme manager for the scheme; and describe the scope of the scheme and identify, whether or not by reference to brand, the product to which the scheme applies; and include the following information— how long the scheme is to be in force; targets for avoiding, re-using or recycling of waste for the product; time frames for achieving each target; the information that is to be collected, assessed and audited to gauge performance of the scheme; how the public is to be advised of information about the scheme; and list the classes of persons involved in the design, manufacture, sale, use, servicing, collection, recovery, recycling, treatment or disposal of the product; and list the participants in the scheme and assign to them their respective responsibilities for meeting the scheme’s objectives; and state the arrangements for— making decisions under the scheme; and the control and overall operation of the scheme; and keeping records and making reports under the scheme; and state the date the scheme ends; and identify the processes for compliance with, and enforcement of, any agreements between the participants in the scheme; and provide for assessing the scheme’s performance and for reporting on its performance to the Minister; and state a strategy for publication of the scheme; and state how information will be provided to purchasers, users and handlers of the product; and clearly outline how the scheme will be funded; and if the product under the proposed scheme is a priority product and the priority statement includes recommendations for improving management of the product—show how those recommendations are taken account of.\n(sec.90-ssec.2) The proposed scheme may include any other matter a producer of the product considers relevant.\n- (a) identify the scheme manager for the scheme; and\n- (b) describe the scope of the scheme and identify, whether or not by reference to brand, the product to which the scheme applies; and\n- (c) include the following information— (i) how long the scheme is to be in force; (ii) targets for avoiding, re-using or recycling of waste for the product; (iii) time frames for achieving each target; (iv) the information that is to be collected, assessed and audited to gauge performance of the scheme; (v) how the public is to be advised of information about the scheme; and\n- (i) how long the scheme is to be in force;\n- (ii) targets for avoiding, re-using or recycling of waste for the product;\n- (iii) time frames for achieving each target;\n- (iv) the information that is to be collected, assessed and audited to gauge performance of the scheme;\n- (v) how the public is to be advised of information about the scheme; and\n- (d) list the classes of persons involved in the design, manufacture, sale, use, servicing, collection, recovery, recycling, treatment or disposal of the product; and\n- (e) list the participants in the scheme and assign to them their respective responsibilities for meeting the scheme’s objectives; and\n- (f) state the arrangements for— (i) making decisions under the scheme; and (ii) the control and overall operation of the scheme; and (iii) keeping records and making reports under the scheme; and\n- (i) making decisions under the scheme; and\n- (ii) the control and overall operation of the scheme; and\n- (iii) keeping records and making reports under the scheme; and\n- (g) state the date the scheme ends; and\n- (h) identify the processes for compliance with, and enforcement of, any agreements between the participants in the scheme; and\n- (i) provide for assessing the scheme’s performance and for reporting on its performance to the Minister; and\n- (j) state a strategy for publication of the scheme; and\n- (k) state how information will be provided to purchasers, users and handlers of the product; and\n- (l) clearly outline how the scheme will be funded; and\n- (m) if the product under the proposed scheme is a priority product and the priority statement includes recommendations for improving management of the product—show how those recommendations are taken account of.\n- (i) how long the scheme is to be in force;\n- (ii) targets for avoiding, re-using or recycling of waste for the product;\n- (iii) time frames for achieving each target;\n- (iv) the information that is to be collected, assessed and audited to gauge performance of the scheme;\n- (v) how the public is to be advised of information about the scheme; and\n- (i) making decisions under the scheme; and\n- (ii) the control and overall operation of the scheme; and\n- (iii) keeping records and making reports under the scheme; and","sortOrder":163},{"sectionNumber":"sec.91","sectionType":"section","heading":"Accreditation","content":"### sec.91 Accreditation\n\nIn deciding whether to accredit a proposed voluntary product stewardship scheme for a product the chief executive must have regard to—\nwhether the application for accreditation meets the requirements of this part for an application; and\nwhether the proposed scheme meets the requirements of this part for accreditation; and\nwhether the proposed scheme’s targets are likely to be met within the time frames stated in the scheme; and\nwhether the proposed scheme is likely to promote waste reduction or reduce environmental impact from disposing of the product without, in either case, causing greater impact over the life cycle of the product; and\nwhether the proposed scheme is consistent with the State’s obligations under national arrangements; and\nif the product is a priority product that was the subject of a scheme invitation—whether the proposed scheme is likely to achieve the expected outcomes of any proposed voluntary product stewardship scheme stated in the invitation; and\nif the product is a priority product, whether or not it was the subject of a scheme invitation—whether the proposed scheme takes account of recommendations included in the priority statement for the priority product.\ns 91 amd 2014 No. 59 s 161\n- (a) whether the application for accreditation meets the requirements of this part for an application; and\n- (b) whether the proposed scheme meets the requirements of this part for accreditation; and\n- (c) whether the proposed scheme’s targets are likely to be met within the time frames stated in the scheme; and\n- (d) whether the proposed scheme is likely to promote waste reduction or reduce environmental impact from disposing of the product without, in either case, causing greater impact over the life cycle of the product; and\n- (e) whether the proposed scheme is consistent with the State’s obligations under national arrangements; and\n- (f) if the product is a priority product that was the subject of a scheme invitation—whether the proposed scheme is likely to achieve the expected outcomes of any proposed voluntary product stewardship scheme stated in the invitation; and\n- (g) if the product is a priority product, whether or not it was the subject of a scheme invitation—whether the proposed scheme takes account of recommendations included in the priority statement for the priority product.","sortOrder":164},{"sectionNumber":"sec.92","sectionType":"section","heading":"Inquiry about application","content":"### sec.92 Inquiry about application\n\nBefore deciding the application, the chief executive may by notice ask for further information from—\nthe scheme manager; or\nthrough the scheme manager—any person who, in the opinion of the chief executive, is likely to be significantly affected by the scheme.\n- (a) the scheme manager; or\n- (b) through the scheme manager—any person who, in the opinion of the chief executive, is likely to be significantly affected by the scheme.","sortOrder":165},{"sectionNumber":"sec.93","sectionType":"section","heading":"Deciding application","content":"### sec.93 Deciding application\n\nAs soon as practicable after deciding to accredit a proposed voluntary product stewardship scheme, the chief executive must give the scheme manager for the scheme notice of the decision to accredit.\nIf the chief executive refuses to grant the application, the chief executive must as soon as practicable give the applicant an information notice for the decision to refuse.\n(sec.93-ssec.1) As soon as practicable after deciding to accredit a proposed voluntary product stewardship scheme, the chief executive must give the scheme manager for the scheme notice of the decision to accredit.\n(sec.93-ssec.2) If the chief executive refuses to grant the application, the chief executive must as soon as practicable give the applicant an information notice for the decision to refuse.","sortOrder":166},{"sectionNumber":"sec.94","sectionType":"section","heading":"Register of accredited schemes","content":"### sec.94 Register of accredited schemes\n\nWhen the chief executive accredits a voluntary product stewardship scheme, the chief executive must register the scheme on a register of accredited product stewardship schemes kept in the department.\nThe chief executive must ensure the register mentioned in subsection (1) is kept as an accurate record of information about the accreditation and history of currently and previously accredited product stewardship schemes.\nThe register must be kept by the chief executive as a searchable, public register.\n(sec.94-ssec.1) When the chief executive accredits a voluntary product stewardship scheme, the chief executive must register the scheme on a register of accredited product stewardship schemes kept in the department.\n(sec.94-ssec.2) The chief executive must ensure the register mentioned in subsection (1) is kept as an accurate record of information about the accreditation and history of currently and previously accredited product stewardship schemes.\n(sec.94-ssec.3) The register must be kept by the chief executive as a searchable, public register.","sortOrder":167},{"sectionNumber":"sec.95","sectionType":"section","heading":"Amendment of accredited product stewardship scheme","content":"### sec.95 Amendment of accredited product stewardship scheme\n\nThe participants in an accredited product stewardship scheme may amend the scheme by agreement of all the participants.\nThe scheme manager for the scheme must advise the chief executive of the amendment within 10 business days after the amendment is made if the amendment is one of the following—\nadding to the participants in the scheme or removing any of the participants;\nchanging the scheme manager for the scheme;\nadding to the brands of the product that are the subject of the scheme.\nThe chief executive must record, on the register of accredited product stewardship schemes, details of the amendment the chief executive considers appropriate.\nAn amendment under subsection (1) must not include an amendment that will have an adverse effect on achieving the scheme’s objectives, including, for example, by affecting the ability of the scheme to meet its objectives within the time frames included in the scheme.\nSubsection (4) does not stop the accreditation of a new voluntary product stewardship scheme to replace an existing accredited scheme.\n(sec.95-ssec.1) The participants in an accredited product stewardship scheme may amend the scheme by agreement of all the participants.\n(sec.95-ssec.2) The scheme manager for the scheme must advise the chief executive of the amendment within 10 business days after the amendment is made if the amendment is one of the following— adding to the participants in the scheme or removing any of the participants; changing the scheme manager for the scheme; adding to the brands of the product that are the subject of the scheme.\n(sec.95-ssec.3) The chief executive must record, on the register of accredited product stewardship schemes, details of the amendment the chief executive considers appropriate.\n(sec.95-ssec.4) An amendment under subsection (1) must not include an amendment that will have an adverse effect on achieving the scheme’s objectives, including, for example, by affecting the ability of the scheme to meet its objectives within the time frames included in the scheme.\n(sec.95-ssec.5) Subsection (4) does not stop the accreditation of a new voluntary product stewardship scheme to replace an existing accredited scheme.\n- (a) adding to the participants in the scheme or removing any of the participants;\n- (b) changing the scheme manager for the scheme;\n- (c) adding to the brands of the product that are the subject of the scheme.","sortOrder":168},{"sectionNumber":"sec.96","sectionType":"section","heading":"Expiry of accredited product stewardship scheme","content":"### sec.96 Expiry of accredited product stewardship scheme\n\nThe accreditation of an accredited product stewardship scheme expires on the earlier of the following—\nthe date stated in the scheme as the date the scheme ends;\n5 years after the accreditation of the scheme.\nHowever, the accreditation of an accredited product stewardship scheme ( scheme A ) continues in force, as provided for in subsection (3) , after the date (the expiry date ) it would otherwise end if—\nthe scheme manager for scheme A has, not later than 6 months before scheme A’s accreditation was due to end, applied to the chief executive for the accreditation of a new voluntary product stewardship scheme ( scheme B ) to replace scheme A; and\nthe chief executive has not decided, on or before the expiry date, whether scheme B should be accredited.\nScheme A’s accreditation continues in force until—\nthe accreditation of scheme B takes effect, either in its form as first proposed or as subsequently changed in the application process; or\nthe application process for scheme B’s accreditation has been completed, including, for example, the completion of any review about the chief executive’s decision on the proposed accreditation, and scheme B is not accredited.\n(sec.96-ssec.1) The accreditation of an accredited product stewardship scheme expires on the earlier of the following— the date stated in the scheme as the date the scheme ends; 5 years after the accreditation of the scheme.\n(sec.96-ssec.2) However, the accreditation of an accredited product stewardship scheme ( scheme A ) continues in force, as provided for in subsection (3) , after the date (the expiry date ) it would otherwise end if— the scheme manager for scheme A has, not later than 6 months before scheme A’s accreditation was due to end, applied to the chief executive for the accreditation of a new voluntary product stewardship scheme ( scheme B ) to replace scheme A; and the chief executive has not decided, on or before the expiry date, whether scheme B should be accredited.\n(sec.96-ssec.3) Scheme A’s accreditation continues in force until— the accreditation of scheme B takes effect, either in its form as first proposed or as subsequently changed in the application process; or the application process for scheme B’s accreditation has been completed, including, for example, the completion of any review about the chief executive’s decision on the proposed accreditation, and scheme B is not accredited.\n- (a) the date stated in the scheme as the date the scheme ends;\n- (b) 5 years after the accreditation of the scheme.\n- (a) the scheme manager for scheme A has, not later than 6 months before scheme A’s accreditation was due to end, applied to the chief executive for the accreditation of a new voluntary product stewardship scheme ( scheme B ) to replace scheme A; and\n- (b) the chief executive has not decided, on or before the expiry date, whether scheme B should be accredited.\n- (a) the accreditation of scheme B takes effect, either in its form as first proposed or as subsequently changed in the application process; or\n- (b) the application process for scheme B’s accreditation has been completed, including, for example, the completion of any review about the chief executive’s decision on the proposed accreditation, and scheme B is not accredited.","sortOrder":169},{"sectionNumber":"sec.97","sectionType":"section","heading":"Revocation of accreditation","content":"### sec.97 Revocation of accreditation\n\nThe Minister may revoke the accreditation of an accredited product stewardship scheme if the Minister is satisfied that—\nany of the following apply—\nreasonable steps are not being taken to implement the scheme;\nthe scheme’s objectives are not being met, or are unlikely to be met, within the time frames stated in the scheme;\nthe reporting requirements included in the scheme are not being complied with; or\nthe product the subject of the scheme was not a priority product when the scheme was accredited, but it has subsequently become a priority product and the objectives of the scheme are no longer adequate for the product.\nBefore revoking the accreditation of the product stewardship scheme, the Minister must—\ngive notice to the scheme manager for the scheme advising of the proposed action; and\ngive the scheme manager a reasonable opportunity to make a submission to the Minister about the proposed revocation.\nIf the Minister decides to revoke the accreditation, and the revocation is under subsection (1) (a) , the Minister must give the scheme manager for the scheme an information notice for the decision to revoke the accreditation.\n(sec.97-ssec.1) The Minister may revoke the accreditation of an accredited product stewardship scheme if the Minister is satisfied that— any of the following apply— reasonable steps are not being taken to implement the scheme; the scheme’s objectives are not being met, or are unlikely to be met, within the time frames stated in the scheme; the reporting requirements included in the scheme are not being complied with; or the product the subject of the scheme was not a priority product when the scheme was accredited, but it has subsequently become a priority product and the objectives of the scheme are no longer adequate for the product.\n(sec.97-ssec.2) Before revoking the accreditation of the product stewardship scheme, the Minister must— give notice to the scheme manager for the scheme advising of the proposed action; and give the scheme manager a reasonable opportunity to make a submission to the Minister about the proposed revocation.\n(sec.97-ssec.3) If the Minister decides to revoke the accreditation, and the revocation is under subsection (1) (a) , the Minister must give the scheme manager for the scheme an information notice for the decision to revoke the accreditation.\n- (a) any of the following apply— (i) reasonable steps are not being taken to implement the scheme; (ii) the scheme’s objectives are not being met, or are unlikely to be met, within the time frames stated in the scheme; (iii) the reporting requirements included in the scheme are not being complied with; or\n- (i) reasonable steps are not being taken to implement the scheme;\n- (ii) the scheme’s objectives are not being met, or are unlikely to be met, within the time frames stated in the scheme;\n- (iii) the reporting requirements included in the scheme are not being complied with; or\n- (b) the product the subject of the scheme was not a priority product when the scheme was accredited, but it has subsequently become a priority product and the objectives of the scheme are no longer adequate for the product.\n- (i) reasonable steps are not being taken to implement the scheme;\n- (ii) the scheme’s objectives are not being met, or are unlikely to be met, within the time frames stated in the scheme;\n- (iii) the reporting requirements included in the scheme are not being complied with; or\n- (a) give notice to the scheme manager for the scheme advising of the proposed action; and\n- (b) give the scheme manager a reasonable opportunity to make a submission to the Minister about the proposed revocation.","sortOrder":170},{"sectionNumber":"ch.4-pt.3-div.3","sectionType":"division","heading":"Product stewardship schemes by regulation","content":"## Product stewardship schemes by regulation","sortOrder":171},{"sectionNumber":"sec.98","sectionType":"section","heading":"Regulation about product stewardship","content":"### sec.98 Regulation about product stewardship\n\nA regulation—\nmay provide for the implementation and operation of a regulated product stewardship scheme for a priority product; or\nmay include provisions to facilitate the accreditation of a proposed voluntary product stewardship scheme, or the implementation and operation of an accredited product stewardship scheme or an approved program.\nWithout limiting subsection (1) , the regulation may include any of the following—\nthe expected waste minimisation, treatment or disposal targets for the product the subject of the scheme or program and the required times for meeting the targets;\nreporting and information requirements, including information to be provided to purchasers, users and handlers of the product the subject of the scheme or program;\nif the regulation provides for the implementation and operation of a regulated product stewardship scheme—\nthe scheme manager for the scheme and the obligations of the scheme manager; and\nthe duration of the scheme;\nif the regulation applies to a voluntary product stewardship scheme intended to be, but not yet, accredited—the period within which the application for accreditation is required to be made;\nthe period within which any person is required to commence complying with any of the requirements or duties imposed on the person under the regulation.\nThe Minister must not recommend to the Governor in Council the making of a regulation under subsection (1) (a) for a priority product if—\nthere is currently an accredited product stewardship scheme for the product and it is expected that the scheme will still be in force after the regulation commences; or\nthe time limit, as stated in a scheme invitation in the priority statement as currently in force, for the submission for accreditation of a voluntary product stewardship scheme for the product has not yet elapsed.\nThe Minister may recommend to the Governor in Council the making of a regulation under subsection (1) (a) for a priority product only after considering the following—\nwhether an approved program is in existence for the product and whether the program is being appropriately implemented;\nwhether economic analysis supports the implementation of the proposed regulated product stewardship scheme;\nwhether there are any constitutional or other impediments to the State’s acting unilaterally in implementing a product stewardship scheme for the product.\ns 98 amd 2014 No. 59 s 162\n(sec.98-ssec.1) A regulation— may provide for the implementation and operation of a regulated product stewardship scheme for a priority product; or may include provisions to facilitate the accreditation of a proposed voluntary product stewardship scheme, or the implementation and operation of an accredited product stewardship scheme or an approved program.\n(sec.98-ssec.2) Without limiting subsection (1) , the regulation may include any of the following— the expected waste minimisation, treatment or disposal targets for the product the subject of the scheme or program and the required times for meeting the targets; reporting and information requirements, including information to be provided to purchasers, users and handlers of the product the subject of the scheme or program; if the regulation provides for the implementation and operation of a regulated product stewardship scheme— the scheme manager for the scheme and the obligations of the scheme manager; and the duration of the scheme; if the regulation applies to a voluntary product stewardship scheme intended to be, but not yet, accredited—the period within which the application for accreditation is required to be made; the period within which any person is required to commence complying with any of the requirements or duties imposed on the person under the regulation.\n(sec.98-ssec.3) The Minister must not recommend to the Governor in Council the making of a regulation under subsection (1) (a) for a priority product if— there is currently an accredited product stewardship scheme for the product and it is expected that the scheme will still be in force after the regulation commences; or the time limit, as stated in a scheme invitation in the priority statement as currently in force, for the submission for accreditation of a voluntary product stewardship scheme for the product has not yet elapsed.\n(sec.98-ssec.4) The Minister may recommend to the Governor in Council the making of a regulation under subsection (1) (a) for a priority product only after considering the following— whether an approved program is in existence for the product and whether the program is being appropriately implemented; whether economic analysis supports the implementation of the proposed regulated product stewardship scheme; whether there are any constitutional or other impediments to the State’s acting unilaterally in implementing a product stewardship scheme for the product.\n- (a) may provide for the implementation and operation of a regulated product stewardship scheme for a priority product; or\n- (b) may include provisions to facilitate the accreditation of a proposed voluntary product stewardship scheme, or the implementation and operation of an accredited product stewardship scheme or an approved program.\n- (a) the expected waste minimisation, treatment or disposal targets for the product the subject of the scheme or program and the required times for meeting the targets;\n- (b) reporting and information requirements, including information to be provided to purchasers, users and handlers of the product the subject of the scheme or program;\n- (c) if the regulation provides for the implementation and operation of a regulated product stewardship scheme— (i) the scheme manager for the scheme and the obligations of the scheme manager; and (ii) the duration of the scheme;\n- (i) the scheme manager for the scheme and the obligations of the scheme manager; and\n- (ii) the duration of the scheme;\n- (d) if the regulation applies to a voluntary product stewardship scheme intended to be, but not yet, accredited—the period within which the application for accreditation is required to be made;\n- (e) the period within which any person is required to commence complying with any of the requirements or duties imposed on the person under the regulation.\n- (i) the scheme manager for the scheme and the obligations of the scheme manager; and\n- (ii) the duration of the scheme;\n- (a) there is currently an accredited product stewardship scheme for the product and it is expected that the scheme will still be in force after the regulation commences; or\n- (b) the time limit, as stated in a scheme invitation in the priority statement as currently in force, for the submission for accreditation of a voluntary product stewardship scheme for the product has not yet elapsed.\n- (a) whether an approved program is in existence for the product and whether the program is being appropriately implemented;\n- (b) whether economic analysis supports the implementation of the proposed regulated product stewardship scheme;\n- (c) whether there are any constitutional or other impediments to the State’s acting unilaterally in implementing a product stewardship scheme for the product.","sortOrder":172},{"sectionNumber":"ch.4-pt.3-div.4","sectionType":"division","heading":"Monitoring of schemes","content":"## Monitoring of schemes","sortOrder":173},{"sectionNumber":"sec.99","sectionType":"section","heading":"Monitoring of particular product stewardship scheme","content":"### sec.99 Monitoring of particular product stewardship scheme\n\nThe chief executive may at any time conduct monitoring of the performance of an accredited or regulated product stewardship scheme.\nThe monitoring may have regard especially to the stated targets and objectives of the scheme.\nIf asked to do so by the chief executive, the scheme manager under a regulated product stewardship scheme must reimburse the chief executive for some or all of the expenses reasonably incurred by the department in the conduct of the monitoring.\nAn amount payable under subsection (3) may be recovered as a debt payable by the scheme manager to the chief executive.\n(sec.99-ssec.1) The chief executive may at any time conduct monitoring of the performance of an accredited or regulated product stewardship scheme.\n(sec.99-ssec.2) The monitoring may have regard especially to the stated targets and objectives of the scheme.\n(sec.99-ssec.3) If asked to do so by the chief executive, the scheme manager under a regulated product stewardship scheme must reimburse the chief executive for some or all of the expenses reasonably incurred by the department in the conduct of the monitoring.\n(sec.99-ssec.4) An amount payable under subsection (3) may be recovered as a debt payable by the scheme manager to the chief executive.","sortOrder":174},{"sectionNumber":"ch.4-pt.3A","sectionType":"part","heading":"Banned plastic shopping bags","content":"# Banned plastic shopping bags","sortOrder":175},{"sectionNumber":"sec.99A","sectionType":"section","heading":"Objects of part","content":"### sec.99A Objects of part\n\nThe objects of this part are to—\nreduce plastic pollution by reducing the number of plastic bags that become waste and enter the environment as litter; and\nencourage retailers and consumers to—\nreduce the overall use of carry bags by considering whether it is necessary on every occasion to use a bag to carry goods; and\nuse alternative shopping bags.\ns 99A ins 2017 No. 31 s 4\n- (a) reduce plastic pollution by reducing the number of plastic bags that become waste and enter the environment as litter; and\n- (b) encourage retailers and consumers to— (i) reduce the overall use of carry bags by considering whether it is necessary on every occasion to use a bag to carry goods; and (ii) use alternative shopping bags.\n- (i) reduce the overall use of carry bags by considering whether it is necessary on every occasion to use a bag to carry goods; and\n- (ii) use alternative shopping bags.\n- (i) reduce the overall use of carry bags by considering whether it is necessary on every occasion to use a bag to carry goods; and\n- (ii) use alternative shopping bags.","sortOrder":176},{"sectionNumber":"sec.99B","sectionType":"section","heading":"Meaning of banned plastic shopping bag and alternative shopping bag","content":"### sec.99B Meaning of banned plastic shopping bag and alternative shopping bag\n\nA banned plastic shopping bag is a carry bag with handles—\nmade, in whole or part, of plastic (whether or not the plastic is degradable) that has a thickness of less than—\nthe thickness prescribed by regulation; or\nif a thickness has not been prescribed by regulation—35 microns; or\nprescribed by regulation to be a banned plastic shopping bag.\nHowever, each of the following is not a banned plastic shopping bag—\na barrier bag;\na plastic bag that is, or is an integral part of, the packaging in which goods are sealed for sale;\na bag that is prescribed by regulation to not be a banned plastic shopping bag.\nAn alternative shopping bag is a bag, other than a banned plastic shopping bag, that is suitable to be used to carry goods from a retailer’s premises.\nIn this section—\nAS 4736 means the Australian Standard for biodegradable plastics suitable for composting and other microbial treatment, as in force from time to time under that designation (regardless of the edition or year of publication of the standard).\nbarrier bag means a plastic bag used to carry unpackaged perishable food.\nfruit, vegetables, meat, fish\ndegradable , for plastic, means plastic that is—\nbiodegradable, including material that is compostable under AS 4736; or\ndesigned to degrade and break into fragments over time.\ns 99B ins 2017 No. 31 s 4\namd 2021 No. 5 s 4\n(sec.99B-ssec.1) A banned plastic shopping bag is a carry bag with handles— made, in whole or part, of plastic (whether or not the plastic is degradable) that has a thickness of less than— the thickness prescribed by regulation; or if a thickness has not been prescribed by regulation—35 microns; or prescribed by regulation to be a banned plastic shopping bag.\n(sec.99B-ssec.2) However, each of the following is not a banned plastic shopping bag— a barrier bag; a plastic bag that is, or is an integral part of, the packaging in which goods are sealed for sale; a bag that is prescribed by regulation to not be a banned plastic shopping bag.\n(sec.99B-ssec.3) An alternative shopping bag is a bag, other than a banned plastic shopping bag, that is suitable to be used to carry goods from a retailer’s premises.\n(sec.99B-ssec.4) In this section— AS 4736 means the Australian Standard for biodegradable plastics suitable for composting and other microbial treatment, as in force from time to time under that designation (regardless of the edition or year of publication of the standard). barrier bag means a plastic bag used to carry unpackaged perishable food. fruit, vegetables, meat, fish degradable , for plastic, means plastic that is— biodegradable, including material that is compostable under AS 4736; or designed to degrade and break into fragments over time.\n- (a) made, in whole or part, of plastic (whether or not the plastic is degradable) that has a thickness of less than— (i) the thickness prescribed by regulation; or (ii) if a thickness has not been prescribed by regulation—35 microns; or\n- (i) the thickness prescribed by regulation; or\n- (ii) if a thickness has not been prescribed by regulation—35 microns; or\n- (b) prescribed by regulation to be a banned plastic shopping bag.\n- (i) the thickness prescribed by regulation; or\n- (ii) if a thickness has not been prescribed by regulation—35 microns; or\n- (a) a barrier bag;\n- (b) a plastic bag that is, or is an integral part of, the packaging in which goods are sealed for sale;\n- (c) a bag that is prescribed by regulation to not be a banned plastic shopping bag.\n- (a) biodegradable, including material that is compostable under AS 4736; or\n- (b) designed to degrade and break into fragments over time.","sortOrder":177},{"sectionNumber":"sec.99C","sectionType":"section","heading":"Meaning of retailer","content":"### sec.99C Meaning of retailer\n\nA retailer is a person who sells goods in trade or commerce.\ns 99C ins 2017 No. 31 s 4","sortOrder":178},{"sectionNumber":"sec.99D","sectionType":"section","heading":"Retailer not to give banned plastic shopping bag","content":"### sec.99D Retailer not to give banned plastic shopping bag\n\nA retailer must not give a banned plastic shopping bag to a person to use to carry goods the retailer sells from the retailer’s premises.\nMaximum penalty—50 penalty units.\nThis section applies whether or not a price is charged for the banned plastic shopping bag.\ns 99D ins 2017 No. 31 s 4\n(sec.99D-ssec.1) A retailer must not give a banned plastic shopping bag to a person to use to carry goods the retailer sells from the retailer’s premises. Maximum penalty—50 penalty units.\n(sec.99D-ssec.2) This section applies whether or not a price is charged for the banned plastic shopping bag.","sortOrder":179},{"sectionNumber":"sec.99E","sectionType":"section","heading":"Giving false or misleading information about banned plastic shopping bag","content":"### sec.99E Giving false or misleading information about banned plastic shopping bag\n\nA person must not give information that the person knows is false or misleading to another person about—\nthe composition of a banned plastic shopping bag; or\nwhether or not a plastic bag is a banned plastic shopping bag.\nMaximum penalty—50 penalty units.\ns 99E ins 2017 No. 31 s 4\n- (a) the composition of a banned plastic shopping bag; or\n- (b) whether or not a plastic bag is a banned plastic shopping bag.","sortOrder":180},{"sectionNumber":"sec.99F","sectionType":"section","heading":"Retailer may charge for alternative shopping bag","content":"### sec.99F Retailer may charge for alternative shopping bag\n\nNothing in this part prevents a retailer from charging for an alternative shopping bag.\ns 99F ins 2017 No. 31 s 4","sortOrder":181},{"sectionNumber":"sec.99G","sectionType":"section","heading":"Review of part","content":"### sec.99G Review of part\n\nThe Minister must ensure a review of the operation of this part starts as soon as practicable, but no more than 3 months, after 1 July 2020.\nThe review must include a review of—\nthe effect of this part on the community and retailers; and\nthe level of retailers’ knowledge and understanding about the prohibition on giving banned plastic shopping bags to persons; and\nthe effectiveness of this part in reducing the quantity of banned plastic shopping bags—\nused; and\nthat becomes waste and is littered or disposed of to landfill.\nThe chief executive must give a report on the outcome of the review to the Minister within 6 months after the day the review starts.\nThe Minister must table the report in the Legislative Assembly within 12 sitting days after receiving the report.\ns 99G ins 2017 No. 31 s 4\n(sec.99G-ssec.1) The Minister must ensure a review of the operation of this part starts as soon as practicable, but no more than 3 months, after 1 July 2020.\n(sec.99G-ssec.2) The review must include a review of— the effect of this part on the community and retailers; and the level of retailers’ knowledge and understanding about the prohibition on giving banned plastic shopping bags to persons; and the effectiveness of this part in reducing the quantity of banned plastic shopping bags— used; and that becomes waste and is littered or disposed of to landfill.\n(sec.99G-ssec.3) The chief executive must give a report on the outcome of the review to the Minister within 6 months after the day the review starts.\n(sec.99G-ssec.4) The Minister must table the report in the Legislative Assembly within 12 sitting days after receiving the report.\n- (a) the effect of this part on the community and retailers; and\n- (b) the level of retailers’ knowledge and understanding about the prohibition on giving banned plastic shopping bags to persons; and\n- (c) the effectiveness of this part in reducing the quantity of banned plastic shopping bags— (i) used; and (ii) that becomes waste and is littered or disposed of to landfill.\n- (i) used; and\n- (ii) that becomes waste and is littered or disposed of to landfill.\n- (i) used; and\n- (ii) that becomes waste and is littered or disposed of to landfill.","sortOrder":182},{"sectionNumber":"ch.4-pt.3AA","sectionType":"part","heading":"Plastic items","content":"# Plastic items","sortOrder":183},{"sectionNumber":"ch.4-pt.3AA-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":184},{"sectionNumber":"sec.99GA","sectionType":"section","heading":"Objects of part","content":"### sec.99GA Objects of part\n\nThe objects of this part are to—\npromote and support the waste and resource management hierarchy; and\nreduce plastic pollution by reducing the number of single-use plastic items—\nused or sold; and\nthat become waste and are littered or disposed of to landfill; and\nencourage retailers and consumers to—\nreduce the overall use and sale of single-use plastic items; and\nuse or sell sustainable alternatives to single-use plastic items; and\nencourage manufacturers to identify innovative product designs for sustainable alternatives to single-use plastic items; and\nrecognise the needs of persons with a disability and the healthcare needs of persons in relation to the use of banned single-use plastic items; and\nensure manufacturers and consumers are aware of, and understand, information about plastic items that are compostable.\ns 99GA ins 2021 No. 5 s 5\n- (a) promote and support the waste and resource management hierarchy; and\n- (b) reduce plastic pollution by reducing the number of single-use plastic items— (i) used or sold; and (ii) that become waste and are littered or disposed of to landfill; and\n- (i) used or sold; and\n- (ii) that become waste and are littered or disposed of to landfill; and\n- (c) encourage retailers and consumers to— (i) reduce the overall use and sale of single-use plastic items; and (ii) use or sell sustainable alternatives to single-use plastic items; and\n- (i) reduce the overall use and sale of single-use plastic items; and\n- (ii) use or sell sustainable alternatives to single-use plastic items; and\n- (d) encourage manufacturers to identify innovative product designs for sustainable alternatives to single-use plastic items; and\n- (e) recognise the needs of persons with a disability and the healthcare needs of persons in relation to the use of banned single-use plastic items; and\n- (f) ensure manufacturers and consumers are aware of, and understand, information about plastic items that are compostable.\n- (i) used or sold; and\n- (ii) that become waste and are littered or disposed of to landfill; and\n- (i) reduce the overall use and sale of single-use plastic items; and\n- (ii) use or sell sustainable alternatives to single-use plastic items; and","sortOrder":185},{"sectionNumber":"sec.99GB","sectionType":"section","heading":"Definitions for part","content":"### sec.99GB Definitions for part\n\nIn this part—\nAS 4736 means the Australian Standard for biodegradable plastics suitable for composting and other microbial treatment, as in force from time to time under that designation (regardless of the edition or year of publication of the standard).\nAS 5810 means the Australian Standard for biodegradable plastics suitable for home composting, as in force from time to time under that designation (regardless of the edition or year of publication of the standard).\nbanned single-use plastic item see section 99GC .\ncompostable , for a plastic item, means the plastic item is compostable under AS 4736 or AS 5810.\nplastic item means an item made, in whole or part, of plastic (whether or not the plastic is compostable).\nsingle-use plastic item means a plastic item, other than a plastic item that is compostable, designed to be used only once.\ns 99GB ins 2021 No. 5 s 5","sortOrder":186},{"sectionNumber":"sec.99GC","sectionType":"section","heading":"Meaning of banned single-use plastic item","content":"### sec.99GC Meaning of banned single-use plastic item\n\nA banned single-use plastic item is a single-use plastic item that—\nis—\na plate; or\na bowl; or\nan item of cutlery; or\na straw; or\na stirrer; or\na takeaway food container made, in whole or part, of expanded polystyrene (EPS); or\na cup made, in whole or part, of expanded polystyrene (EPS); or\nis prescribed by regulation to be a banned single-use plastic item.\nHowever, a single-use plastic item that is prescribed by regulation not to be a banned single-use plastic item is not a banned single-use plastic item.\nThe Minister may recommend to the Governor in Council the making of a regulation under subsection (1) (b) or (2) about whether or not a single-use plastic item is a banned single-use plastic item (a proposed change ) only after—\ncarrying out consultation with the public about the proposed change; and\nconsidering all of the following—\nthe results of the public consultation about the proposed change;\nwhether making the proposed change is likely to achieve the objects of this part;\nwhether voluntary or other measures to achieve the objects of this part have been shown not to be effective;\nif the proposed change is to prescribe a single-use plastic item to be a banned single-use plastic item—\nthe availability of alternative products to the single-use plastic item; and\nwhether the costs of monitoring, enforcement and market development are proportional to the benefits of the proposed change.\nIn this section—\ncutlery —\nmeans utensils for eating food; and\nincludes chopsticks, splayds and sporks.\ns 99GC ins 2021 No. 5 s 5\namd 2023 No. 15 s 19\n(2A), (3A), (4), definition shelf-ready product exp 31 December 2025 (see s 99GC(3A))\n(sec.99GC-ssec.1) A banned single-use plastic item is a single-use plastic item that— is— a plate; or a bowl; or an item of cutlery; or a straw; or a stirrer; or a takeaway food container made, in whole or part, of expanded polystyrene (EPS); or a cup made, in whole or part, of expanded polystyrene (EPS); or is prescribed by regulation to be a banned single-use plastic item.\n(sec.99GC-ssec.2) However, a single-use plastic item that is prescribed by regulation not to be a banned single-use plastic item is not a banned single-use plastic item.\n(sec.99GC-ssec.3) The Minister may recommend to the Governor in Council the making of a regulation under subsection (1) (b) or (2) about whether or not a single-use plastic item is a banned single-use plastic item (a proposed change ) only after— carrying out consultation with the public about the proposed change; and considering all of the following— the results of the public consultation about the proposed change; whether making the proposed change is likely to achieve the objects of this part; whether voluntary or other measures to achieve the objects of this part have been shown not to be effective; if the proposed change is to prescribe a single-use plastic item to be a banned single-use plastic item— the availability of alternative products to the single-use plastic item; and whether the costs of monitoring, enforcement and market development are proportional to the benefits of the proposed change.\n(sec.99GC-ssec.4) In this section— cutlery — means utensils for eating food; and includes chopsticks, splayds and sporks.\n- (a) is— (i) a plate; or (ii) a bowl; or (iii) an item of cutlery; or (iv) a straw; or (v) a stirrer; or (vi) a takeaway food container made, in whole or part, of expanded polystyrene (EPS); or (vii) a cup made, in whole or part, of expanded polystyrene (EPS); or\n- (i) a plate; or\n- (ii) a bowl; or\n- (iii) an item of cutlery; or\n- (iv) a straw; or\n- (v) a stirrer; or\n- (vi) a takeaway food container made, in whole or part, of expanded polystyrene (EPS); or\n- (vii) a cup made, in whole or part, of expanded polystyrene (EPS); or\n- (b) is prescribed by regulation to be a banned single-use plastic item.\n- (i) a plate; or\n- (ii) a bowl; or\n- (iii) an item of cutlery; or\n- (iv) a straw; or\n- (v) a stirrer; or\n- (vi) a takeaway food container made, in whole or part, of expanded polystyrene (EPS); or\n- (vii) a cup made, in whole or part, of expanded polystyrene (EPS); or\n- (a) carrying out consultation with the public about the proposed change; and\n- (b) considering all of the following— (i) the results of the public consultation about the proposed change; (ii) whether making the proposed change is likely to achieve the objects of this part; (iii) whether voluntary or other measures to achieve the objects of this part have been shown not to be effective; (iv) if the proposed change is to prescribe a single-use plastic item to be a banned single-use plastic item— (A) the availability of alternative products to the single-use plastic item; and (B) whether the costs of monitoring, enforcement and market development are proportional to the benefits of the proposed change.\n- (i) the results of the public consultation about the proposed change;\n- (ii) whether making the proposed change is likely to achieve the objects of this part;\n- (iii) whether voluntary or other measures to achieve the objects of this part have been shown not to be effective;\n- (iv) if the proposed change is to prescribe a single-use plastic item to be a banned single-use plastic item— (A) the availability of alternative products to the single-use plastic item; and (B) whether the costs of monitoring, enforcement and market development are proportional to the benefits of the proposed change.\n- (A) the availability of alternative products to the single-use plastic item; and\n- (B) whether the costs of monitoring, enforcement and market development are proportional to the benefits of the proposed change.\n- (i) the results of the public consultation about the proposed change;\n- (ii) whether making the proposed change is likely to achieve the objects of this part;\n- (iii) whether voluntary or other measures to achieve the objects of this part have been shown not to be effective;\n- (iv) if the proposed change is to prescribe a single-use plastic item to be a banned single-use plastic item— (A) the availability of alternative products to the single-use plastic item; and (B) whether the costs of monitoring, enforcement and market development are proportional to the benefits of the proposed change.\n- (A) the availability of alternative products to the single-use plastic item; and\n- (B) whether the costs of monitoring, enforcement and market development are proportional to the benefits of the proposed change.\n- (A) the availability of alternative products to the single-use plastic item; and\n- (B) whether the costs of monitoring, enforcement and market development are proportional to the benefits of the proposed change.\n- (a) means utensils for eating food; and\n- (b) includes chopsticks, splayds and sporks.","sortOrder":187},{"sectionNumber":"ch.4-pt.3AA-div.2","sectionType":"division","heading":"Banned single-use plastic items","content":"## Banned single-use plastic items","sortOrder":188},{"sectionNumber":"sec.99GD","sectionType":"section","heading":"Restriction on sale of banned single-use plastic items","content":"### sec.99GD Restriction on sale of banned single-use plastic items\n\nA person who conducts a business or undertaking must not, in the course of conducting the business or undertaking, sell a banned single-use plastic item to another person.\nMaximum penalty—50 penalty units.\nHowever, subsection (1) does not apply to the sale of a banned single-use plastic item—\nby or to a person who conducts an exempt business or undertaking; or\nif the person selling the item reasonably believes the sale is a step in a supply chain for the supply of the item to a person who conducts an exempt business or undertaking.\nA manufacturer may sell plastic straws to a distributor if the manufacturer reasonably believes the sale of the straws is a step in a supply chain for the supply of the straws to a pharmacy.\nIn this section—\nexempt business or undertaking means—\na community corrections office under the Corrective Services Act 2006 ; or\na corrective services facility under the Corrective Services Act 2006 ; or\na healthcare business or undertaking; or\na school; or\na business or undertaking, prescribed by regulation for this definition, that involves the sale or supply of banned single-use plastic items for use by persons with a disability or healthcare needs.\nhealthcare business or undertaking means any of the following businesses or undertakings (however called)—\na clinic or facility that provides care to persons with a disability or healthcare needs;\na dental clinic;\na hospital;\na medical clinic;\na medical supply business or undertaking;\na pharmacy;\na business or undertaking that is substantially similar to a business or undertaking mentioned in any of paragraphs (a) to (f) .\ns 99GD ins 2021 No. 5 s 5\namd 2023 No. 6 s 129\n(sec.99GD-ssec.1) A person who conducts a business or undertaking must not, in the course of conducting the business or undertaking, sell a banned single-use plastic item to another person. Maximum penalty—50 penalty units.\n(sec.99GD-ssec.2) However, subsection (1) does not apply to the sale of a banned single-use plastic item— by or to a person who conducts an exempt business or undertaking; or if the person selling the item reasonably believes the sale is a step in a supply chain for the supply of the item to a person who conducts an exempt business or undertaking. A manufacturer may sell plastic straws to a distributor if the manufacturer reasonably believes the sale of the straws is a step in a supply chain for the supply of the straws to a pharmacy.\n(sec.99GD-ssec.3) In this section— exempt business or undertaking means— a community corrections office under the Corrective Services Act 2006 ; or a corrective services facility under the Corrective Services Act 2006 ; or a healthcare business or undertaking; or a school; or a business or undertaking, prescribed by regulation for this definition, that involves the sale or supply of banned single-use plastic items for use by persons with a disability or healthcare needs. healthcare business or undertaking means any of the following businesses or undertakings (however called)— a clinic or facility that provides care to persons with a disability or healthcare needs; a dental clinic; a hospital; a medical clinic; a medical supply business or undertaking; a pharmacy; a business or undertaking that is substantially similar to a business or undertaking mentioned in any of paragraphs (a) to (f) .\n- (a) by or to a person who conducts an exempt business or undertaking; or\n- (b) if the person selling the item reasonably believes the sale is a step in a supply chain for the supply of the item to a person who conducts an exempt business or undertaking. Example for paragraph (b) — A manufacturer may sell plastic straws to a distributor if the manufacturer reasonably believes the sale of the straws is a step in a supply chain for the supply of the straws to a pharmacy.\n- (a) a community corrections office under the Corrective Services Act 2006 ; or\n- (b) a corrective services facility under the Corrective Services Act 2006 ; or\n- (c) a healthcare business or undertaking; or\n- (d) a school; or\n- (e) a business or undertaking, prescribed by regulation for this definition, that involves the sale or supply of banned single-use plastic items for use by persons with a disability or healthcare needs.\n- (a) a clinic or facility that provides care to persons with a disability or healthcare needs;\n- (b) a dental clinic;\n- (c) a hospital;\n- (d) a medical clinic;\n- (e) a medical supply business or undertaking;\n- (f) a pharmacy;\n- (g) a business or undertaking that is substantially similar to a business or undertaking mentioned in any of paragraphs (a) to (f) .","sortOrder":189},{"sectionNumber":"sec.99GE","sectionType":"section","heading":"Giving false or misleading information about banned single-use plastic items","content":"### sec.99GE Giving false or misleading information about banned single-use plastic items\n\nA person must not give information that the person knows is false or misleading to another person about—\nthe composition of a banned single-use plastic item; or\nwhether or not a plastic item is a banned single-use plastic item.\nMaximum penalty—50 penalty units.\ns 99GE ins 2021 No. 5 s 5\n- (a) the composition of a banned single-use plastic item; or\n- (b) whether or not a plastic item is a banned single-use plastic item.","sortOrder":190},{"sectionNumber":"ch.4-pt.3AA-div.3","sectionType":"division","heading":"Compostable plastic items","content":"## Compostable plastic items","sortOrder":191},{"sectionNumber":"sec.99GF","sectionType":"section","heading":"Stating conditions under which plastic items are compostable","content":"### sec.99GF Stating conditions under which plastic items are compostable\n\nThis section applies if a person—\nconducts a manufacturing, wholesale, distribution or import business or undertaking; and\nin the course of conducting the business or undertaking, sells a plastic item that is compostable to another person.\nThe person must ensure the conditions under which the plastic item is compostable are clearly and legibly written—\non the packaging for the plastic item; or\nin information or a document accompanying the plastic item.\nMaximum penalty—50 penalty units.\nIn this section—\ncondition , under which a plastic item is compostable, includes—\nwhether the plastic item is suitable for industrial or home composting; and\nwhether the plastic item is compostable under AS 4736 or AS 5810.\ns 99GF ins 2021 No. 5 s 5\n(sec.99GF-ssec.1) This section applies if a person— conducts a manufacturing, wholesale, distribution or import business or undertaking; and in the course of conducting the business or undertaking, sells a plastic item that is compostable to another person.\n(sec.99GF-ssec.2) The person must ensure the conditions under which the plastic item is compostable are clearly and legibly written— on the packaging for the plastic item; or in information or a document accompanying the plastic item. Maximum penalty—50 penalty units.\n(sec.99GF-ssec.3) In this section— condition , under which a plastic item is compostable, includes— whether the plastic item is suitable for industrial or home composting; and whether the plastic item is compostable under AS 4736 or AS 5810.\n- (a) conducts a manufacturing, wholesale, distribution or import business or undertaking; and\n- (b) in the course of conducting the business or undertaking, sells a plastic item that is compostable to another person.\n- (a) on the packaging for the plastic item; or\n- (b) in information or a document accompanying the plastic item.\n- (a) whether the plastic item is suitable for industrial or home composting; and\n- (b) whether the plastic item is compostable under AS 4736 or AS 5810.","sortOrder":192},{"sectionNumber":"sec.99GG","sectionType":"section","heading":"Certification to chief executive about whether or not plastic items are compostable","content":"### sec.99GG Certification to chief executive about whether or not plastic items are compostable\n\nThe chief executive may give a notice under this section to a person if the chief executive believes the person—\nconducts a manufacturing, wholesale, distribution or import business or undertaking; and\nin the course of conducting the business or undertaking, sells to another person—\na plastic item that is compostable (a sold item ); or\na plastic item (also a sold item ) the person tells the other person is compostable.\nA notice under this section may require the person to give the chief executive a certification about the sold item.\nA person who is given a notice under this section must comply with the notice within 20 business days after receiving the notice unless the person has a reasonable excuse.\nMaximum penalty—50 penalty units.\nIn this section—\ncertification , about a sold item, means a certification about whether or not the sold item is compostable that—\nincludes the information decided by the chief executive; and\nis in the form decided by the chief executive.\ns 99GG ins 2021 No. 5 s 5\n(sec.99GG-ssec.1) The chief executive may give a notice under this section to a person if the chief executive believes the person— conducts a manufacturing, wholesale, distribution or import business or undertaking; and in the course of conducting the business or undertaking, sells to another person— a plastic item that is compostable (a sold item ); or a plastic item (also a sold item ) the person tells the other person is compostable.\n(sec.99GG-ssec.2) A notice under this section may require the person to give the chief executive a certification about the sold item.\n(sec.99GG-ssec.3) A person who is given a notice under this section must comply with the notice within 20 business days after receiving the notice unless the person has a reasonable excuse. Maximum penalty—50 penalty units.\n(sec.99GG-ssec.4) In this section— certification , about a sold item, means a certification about whether or not the sold item is compostable that— includes the information decided by the chief executive; and is in the form decided by the chief executive.\n- (a) conducts a manufacturing, wholesale, distribution or import business or undertaking; and\n- (b) in the course of conducting the business or undertaking, sells to another person— (i) a plastic item that is compostable (a sold item ); or (ii) a plastic item (also a sold item ) the person tells the other person is compostable.\n- (i) a plastic item that is compostable (a sold item ); or\n- (ii) a plastic item (also a sold item ) the person tells the other person is compostable.\n- (i) a plastic item that is compostable (a sold item ); or\n- (ii) a plastic item (also a sold item ) the person tells the other person is compostable.\n- (a) includes the information decided by the chief executive; and\n- (b) is in the form decided by the chief executive.","sortOrder":193},{"sectionNumber":"sec.99GH","sectionType":"section","heading":"Giving false or misleading information about whether or not plastic items are compostable","content":"### sec.99GH Giving false or misleading information about whether or not plastic items are compostable\n\nA person must not give information, or a document containing information, that the person knows is false or misleading to another person about whether or not a plastic item is compostable.\nMaximum penalty—50 penalty units.\ns 99GH ins 2021 No. 5 s 5","sortOrder":194},{"sectionNumber":"ch.4-pt.3AA-div.4","sectionType":"division","heading":"Review","content":"## Review","sortOrder":195},{"sectionNumber":"sec.99GI","sectionType":"section","heading":"Review of part","content":"### sec.99GI Review of part\n\nThe Minister must ensure a review of the operation of this part starts not more than 2 years after the commencement.\nThe review must include a review of—\nthe effect of this part on the community, especially persons with a disability or healthcare needs; and\nthe level of public knowledge and understanding about this part, including—\nwhat is or is not a banned single-use plastic item, and alternatives to banned single-use plastic items; and\nwhether or not plastic items are compostable; and\nthe effectiveness of this part in reducing the number of single-use plastic items—\nused or sold; and\nthat become waste and are littered or disposed of to landfill; and\nthe effect of this part on the use or sale of alternatives to single-use plastic items, including whether or not the alternatives are sustainable or designed to be used only once; and\nthe level of compliance with this part.\nThe chief executive must give a report on the outcome of the review to the Minister within 6 months after the day the review starts.\nThe Minister must table the report in the Legislative Assembly within 12 sitting days after receiving the report.\ns 99GI ins 2021 No. 5 s 5\n(sec.99GI-ssec.1) The Minister must ensure a review of the operation of this part starts not more than 2 years after the commencement.\n(sec.99GI-ssec.2) The review must include a review of— the effect of this part on the community, especially persons with a disability or healthcare needs; and the level of public knowledge and understanding about this part, including— what is or is not a banned single-use plastic item, and alternatives to banned single-use plastic items; and whether or not plastic items are compostable; and the effectiveness of this part in reducing the number of single-use plastic items— used or sold; and that become waste and are littered or disposed of to landfill; and the effect of this part on the use or sale of alternatives to single-use plastic items, including whether or not the alternatives are sustainable or designed to be used only once; and the level of compliance with this part.\n(sec.99GI-ssec.3) The chief executive must give a report on the outcome of the review to the Minister within 6 months after the day the review starts.\n(sec.99GI-ssec.4) The Minister must table the report in the Legislative Assembly within 12 sitting days after receiving the report.\n- (a) the effect of this part on the community, especially persons with a disability or healthcare needs; and\n- (b) the level of public knowledge and understanding about this part, including— (i) what is or is not a banned single-use plastic item, and alternatives to banned single-use plastic items; and (ii) whether or not plastic items are compostable; and\n- (i) what is or is not a banned single-use plastic item, and alternatives to banned single-use plastic items; and\n- (ii) whether or not plastic items are compostable; and\n- (c) the effectiveness of this part in reducing the number of single-use plastic items— (i) used or sold; and (ii) that become waste and are littered or disposed of to landfill; and\n- (i) used or sold; and\n- (ii) that become waste and are littered or disposed of to landfill; and\n- (d) the effect of this part on the use or sale of alternatives to single-use plastic items, including whether or not the alternatives are sustainable or designed to be used only once; and\n- (e) the level of compliance with this part.\n- (i) what is or is not a banned single-use plastic item, and alternatives to banned single-use plastic items; and\n- (ii) whether or not plastic items are compostable; and\n- (i) used or sold; and\n- (ii) that become waste and are littered or disposed of to landfill; and","sortOrder":196},{"sectionNumber":"ch.4-pt.3AB","sectionType":"part","heading":"Lighter-than-air balloons","content":"# Lighter-than-air balloons","sortOrder":197},{"sectionNumber":"sec.99GJ","sectionType":"section","heading":"Release of lighter-than-air balloons","content":"### sec.99GJ Release of lighter-than-air balloons\n\nA person must not release, or cause the release of, a lighter-than-air balloon unless—\nthe release happens inside a building or another structure and the balloon does not escape from the building or other structure into the environment; or\nthe release is for scientific research, including, for example, meteorology.\nMaximum penalty—50 penalty units.\nFor subsection (1) , a person releases a lighter-than-air balloon if the person allows the balloon to float in the atmosphere while the balloon is not attached, directly or indirectly, to the earth’s surface or a relevant weight.\nWithout limiting subsection (1) , a person is taken to have caused the release of a lighter-than-air balloon if—\nthe person attaches the balloon, whether directly or indirectly, to the earth’s surface or a relevant weight; and\nthe balloon detaches from the earth’s surface, or the relevant weight, without the assistance of another person; and\nthe person did not take reasonable steps to ensure the balloon could not detach from the earth’s surface or the relevant weight.\nThis section does not limit section 103 .\nIn this section—\nlighter-than-air balloon —\nmeans an inflated balloon, or a lantern, that derives support in the atmosphere from buoyancy; but\ndoes not include—\nan inflated balloon, or a lantern, that carries 1 or more persons, including, for example, a hot air balloon or blimp; or\nan inflated balloon, or a lantern, that is a remotely-piloted aircraft.\nrelevant weight , in relation to a lighter-than-air balloon, means a person, or a thing, that is too heavy for the balloon to support in the atmosphere.\na vehicle or a structure\nremotely-piloted aircraft means an aircraft that—\ncan not carry a person; and\neither—\nis remotely piloted or otherwise controlled; or\nis able to be programmed to independently fly a particular route.\ns 99GJ ins 2023 No. 15 s 24\n(sec.99GJ-ssec.1) A person must not release, or cause the release of, a lighter-than-air balloon unless— the release happens inside a building or another structure and the balloon does not escape from the building or other structure into the environment; or the release is for scientific research, including, for example, meteorology. Maximum penalty—50 penalty units.\n(sec.99GJ-ssec.2) For subsection (1) , a person releases a lighter-than-air balloon if the person allows the balloon to float in the atmosphere while the balloon is not attached, directly or indirectly, to the earth’s surface or a relevant weight.\n(sec.99GJ-ssec.3) Without limiting subsection (1) , a person is taken to have caused the release of a lighter-than-air balloon if— the person attaches the balloon, whether directly or indirectly, to the earth’s surface or a relevant weight; and the balloon detaches from the earth’s surface, or the relevant weight, without the assistance of another person; and the person did not take reasonable steps to ensure the balloon could not detach from the earth’s surface or the relevant weight.\n(sec.99GJ-ssec.4) This section does not limit section 103 .\n(sec.99GJ-ssec.5) In this section— lighter-than-air balloon — means an inflated balloon, or a lantern, that derives support in the atmosphere from buoyancy; but does not include— an inflated balloon, or a lantern, that carries 1 or more persons, including, for example, a hot air balloon or blimp; or an inflated balloon, or a lantern, that is a remotely-piloted aircraft. relevant weight , in relation to a lighter-than-air balloon, means a person, or a thing, that is too heavy for the balloon to support in the atmosphere. a vehicle or a structure remotely-piloted aircraft means an aircraft that— can not carry a person; and either— is remotely piloted or otherwise controlled; or is able to be programmed to independently fly a particular route.\n- (a) the release happens inside a building or another structure and the balloon does not escape from the building or other structure into the environment; or\n- (b) the release is for scientific research, including, for example, meteorology.\n- (a) the person attaches the balloon, whether directly or indirectly, to the earth’s surface or a relevant weight; and\n- (b) the balloon detaches from the earth’s surface, or the relevant weight, without the assistance of another person; and\n- (c) the person did not take reasonable steps to ensure the balloon could not detach from the earth’s surface or the relevant weight.\n- (a) means an inflated balloon, or a lantern, that derives support in the atmosphere from buoyancy; but\n- (b) does not include— (i) an inflated balloon, or a lantern, that carries 1 or more persons, including, for example, a hot air balloon or blimp; or (ii) an inflated balloon, or a lantern, that is a remotely-piloted aircraft.\n- (i) an inflated balloon, or a lantern, that carries 1 or more persons, including, for example, a hot air balloon or blimp; or\n- (ii) an inflated balloon, or a lantern, that is a remotely-piloted aircraft.\n- (i) an inflated balloon, or a lantern, that carries 1 or more persons, including, for example, a hot air balloon or blimp; or\n- (ii) an inflated balloon, or a lantern, that is a remotely-piloted aircraft.\n- (a) can not carry a person; and\n- (b) either— (i) is remotely piloted or otherwise controlled; or (ii) is able to be programmed to independently fly a particular route.\n- (i) is remotely piloted or otherwise controlled; or\n- (ii) is able to be programmed to independently fly a particular route.\n- (i) is remotely piloted or otherwise controlled; or\n- (ii) is able to be programmed to independently fly a particular route.","sortOrder":198},{"sectionNumber":"ch.4-pt.3B","sectionType":"part","heading":"Beverage container refund scheme","content":"# Beverage container refund scheme","sortOrder":199},{"sectionNumber":"ch.4-pt.3B-div.1","sectionType":"division","heading":"Introduction","content":"## Introduction","sortOrder":200},{"sectionNumber":"sec.99H","sectionType":"section","heading":"Objects of part","content":"### sec.99H Objects of part\n\nThe main objects of this part are to—\nincrease the recovery and recycling of empty beverage containers; and\nreduce the number of empty beverage containers that are littered or disposed of to landfill; and\nensure the manufacturers of beverage products meet their product stewardship responsibility in relation to their beverage products; and\nprovide opportunities for social enterprise, and benefits for community organisations, by—\nmaking funds available through the payment of refund amounts for empty beverage containers; and\ncreating opportunities for employment in activities related to collecting, sorting and processing containers for recycling; and\ncomplement existing collection and recycling activities for recyclable waste.\nLocal governments collect recyclable waste through kerbside waste collection services and arrange for the waste to be recycled.\ns 99H ins 2017 No. 31 s 4\n- (a) increase the recovery and recycling of empty beverage containers; and\n- (b) reduce the number of empty beverage containers that are littered or disposed of to landfill; and\n- (c) ensure the manufacturers of beverage products meet their product stewardship responsibility in relation to their beverage products; and\n- (d) provide opportunities for social enterprise, and benefits for community organisations, by— (i) making funds available through the payment of refund amounts for empty beverage containers; and (ii) creating opportunities for employment in activities related to collecting, sorting and processing containers for recycling; and\n- (i) making funds available through the payment of refund amounts for empty beverage containers; and\n- (ii) creating opportunities for employment in activities related to collecting, sorting and processing containers for recycling; and\n- (e) complement existing collection and recycling activities for recyclable waste. Example of existing collection and recycling activities— Local governments collect recyclable waste through kerbside waste collection services and arrange for the waste to be recycled.\n- (i) making funds available through the payment of refund amounts for empty beverage containers; and\n- (ii) creating opportunities for employment in activities related to collecting, sorting and processing containers for recycling; and","sortOrder":201},{"sectionNumber":"sec.99I","sectionType":"section","heading":"How objects are to be achieved","content":"### sec.99I How objects are to be achieved\n\nThe objects are achieved by providing for a container refund scheme (the scheme ) that—\nencourages consumers to collect empty beverage containers for recycling by providing for refund amounts to be paid for the containers; and\nencourages waste management service providers to ensure empty beverage containers collected through general waste services are recycled by providing for recovery amounts to be paid for containers sent for recycling; and\nrecognises the role of the manufacturers of beverage products in generating waste in the form of empty containers by requiring the manufacturers to—\ncontribute to the cost of refund amounts paid for the containers and the cost of administering the scheme; and\nensure containers for their beverage products are made of materials that are suitable for recycling; and\nis administered by the Product Responsibility Organisation.\ns 99I ins 2017 No. 31 s 4\n- (a) encourages consumers to collect empty beverage containers for recycling by providing for refund amounts to be paid for the containers; and\n- (b) encourages waste management service providers to ensure empty beverage containers collected through general waste services are recycled by providing for recovery amounts to be paid for containers sent for recycling; and\n- (c) recognises the role of the manufacturers of beverage products in generating waste in the form of empty containers by requiring the manufacturers to— (i) contribute to the cost of refund amounts paid for the containers and the cost of administering the scheme; and (ii) ensure containers for their beverage products are made of materials that are suitable for recycling; and\n- (i) contribute to the cost of refund amounts paid for the containers and the cost of administering the scheme; and\n- (ii) ensure containers for their beverage products are made of materials that are suitable for recycling; and\n- (d) is administered by the Product Responsibility Organisation.\n- (i) contribute to the cost of refund amounts paid for the containers and the cost of administering the scheme; and\n- (ii) ensure containers for their beverage products are made of materials that are suitable for recycling; and","sortOrder":202},{"sectionNumber":"sec.99J","sectionType":"section","heading":"Functions of Product Responsibility Organisation","content":"### sec.99J Functions of Product Responsibility Organisation\n\nThe Product Responsibility Organisation’s main function is to administer and provide governance for the scheme.\nWithout limiting subsection (1) , the Organisation has the following functions—\nto ensure ongoing, efficient and effective arrangements are available in Queensland for empty beverage containers to be collected, sorted and recycled;\nto establish a network of container refund points to, as far as practicable, provide communities in Queensland with access to a place for the return of empty beverage containers for the payment of refund amounts;\nto ensure manufacturers of beverage products fund the scheme by requiring the manufacturers to pay sufficient amounts under container recovery agreements;\nto set the amounts payable, or the method for working out the amounts payable, under the scheme—\nby manufacturers of beverage products to fund the scheme; and\nto the operators of container refund points to pay the refund amounts for empty beverage containers and to handle, sort and transport the containers for recycling;\nto identify manufacturers of beverage products who are not participating in the scheme, including, for example, because a manufacturer—\nis selling beverages in containers that are not registered; or\nhas not entered into a container recovery agreement with the Organisation;\nto promote the scheme and the location of container refund points;\nto receive and deal with complaints relating to the scheme from members of the public and entities participating in the scheme;\nthe functions given to it under this Act or another Act.\ns 99J ins 2017 No. 31 s 4\n(sec.99J-ssec.1) The Product Responsibility Organisation’s main function is to administer and provide governance for the scheme.\n(sec.99J-ssec.2) Without limiting subsection (1) , the Organisation has the following functions— to ensure ongoing, efficient and effective arrangements are available in Queensland for empty beverage containers to be collected, sorted and recycled; to establish a network of container refund points to, as far as practicable, provide communities in Queensland with access to a place for the return of empty beverage containers for the payment of refund amounts; to ensure manufacturers of beverage products fund the scheme by requiring the manufacturers to pay sufficient amounts under container recovery agreements; to set the amounts payable, or the method for working out the amounts payable, under the scheme— by manufacturers of beverage products to fund the scheme; and to the operators of container refund points to pay the refund amounts for empty beverage containers and to handle, sort and transport the containers for recycling; to identify manufacturers of beverage products who are not participating in the scheme, including, for example, because a manufacturer— is selling beverages in containers that are not registered; or has not entered into a container recovery agreement with the Organisation; to promote the scheme and the location of container refund points; to receive and deal with complaints relating to the scheme from members of the public and entities participating in the scheme; the functions given to it under this Act or another Act.\n- (a) to ensure ongoing, efficient and effective arrangements are available in Queensland for empty beverage containers to be collected, sorted and recycled;\n- (b) to establish a network of container refund points to, as far as practicable, provide communities in Queensland with access to a place for the return of empty beverage containers for the payment of refund amounts;\n- (c) to ensure manufacturers of beverage products fund the scheme by requiring the manufacturers to pay sufficient amounts under container recovery agreements;\n- (d) to set the amounts payable, or the method for working out the amounts payable, under the scheme— (i) by manufacturers of beverage products to fund the scheme; and (ii) to the operators of container refund points to pay the refund amounts for empty beverage containers and to handle, sort and transport the containers for recycling;\n- (i) by manufacturers of beverage products to fund the scheme; and\n- (ii) to the operators of container refund points to pay the refund amounts for empty beverage containers and to handle, sort and transport the containers for recycling;\n- (e) to identify manufacturers of beverage products who are not participating in the scheme, including, for example, because a manufacturer— (i) is selling beverages in containers that are not registered; or (ii) has not entered into a container recovery agreement with the Organisation;\n- (i) is selling beverages in containers that are not registered; or\n- (ii) has not entered into a container recovery agreement with the Organisation;\n- (f) to promote the scheme and the location of container refund points;\n- (g) to receive and deal with complaints relating to the scheme from members of the public and entities participating in the scheme;\n- (h) the functions given to it under this Act or another Act.\n- (i) by manufacturers of beverage products to fund the scheme; and\n- (ii) to the operators of container refund points to pay the refund amounts for empty beverage containers and to handle, sort and transport the containers for recycling;\n- (i) is selling beverages in containers that are not registered; or\n- (ii) has not entered into a container recovery agreement with the Organisation;","sortOrder":203},{"sectionNumber":"sec.99K","sectionType":"section","heading":"Definitions for part","content":"### sec.99K Definitions for part\n\nIn this part—\nbeverage see section 99L .\nbeverage product see section 99N (1) .\ncontainer see section 99M .\ncontainer approval , for a beverage product, see section 99ZN .\ncontainer collection agreement see section 99ZA (1) .\ncontainer recovery agreement see section 99Q .\ncontainer refund point —\nmeans a facility or other place—\nat which empty containers may be returned in exchange for the payment of refund amounts; and\nthat may be operated on a permanent, temporary or mobile basis; and\nincludes a reverse vending machine.\nextraordinary circumstances exemption see section 99ZY (2) .\nmanufacturer , of a beverage product, see section 99O .\nmaterial recovery agreement see section 99ZF (1) .\nmaterial recovery facility see section 99ZE .\noperator , of a container refund point that is a reverse vending machine, means the person who—\nif the owner of the reverse vending machine has leased or hired it to another person—leases or hires the reverse vending machine; or\notherwise—owns the reverse vending machine.\nrecovery amount , for a quantity of containers, see section 99ZG .\nrecovery amount protocol see section 99ZK .\nrefund amount means the amount prescribed by regulation as the refund amount.\nrefund declaration see section 99T (2) .\nrefund marking means the marking or labelling about the refund amount payable for a container under the scheme that complies with the requirements prescribed by regulation.\nregistered , for a container, means the container is included in the register of approved containers kept under section 99ZM (1) .\nreverse vending machine means a device for collecting empty containers that—\nif the device recognises a container placed in the device as a container for which a refund amount is payable under the scheme by, for example, scanning the container’s barcode—\naccepts the container; and\ndispenses the refund amount for the container in a way stated on or near the machine; or\notherwise—refuses to accept the container.\ntype , of a container, see section 99N (2) .\ns 99K ins 2017 No. 31 s 4\n- (a) means a facility or other place— (i) at which empty containers may be returned in exchange for the payment of refund amounts; and (ii) that may be operated on a permanent, temporary or mobile basis; and\n- (i) at which empty containers may be returned in exchange for the payment of refund amounts; and\n- (ii) that may be operated on a permanent, temporary or mobile basis; and\n- (b) includes a reverse vending machine.\n- (i) at which empty containers may be returned in exchange for the payment of refund amounts; and\n- (ii) that may be operated on a permanent, temporary or mobile basis; and\n- (a) if the owner of the reverse vending machine has leased or hired it to another person—leases or hires the reverse vending machine; or\n- (b) otherwise—owns the reverse vending machine.\n- (a) if the device recognises a container placed in the device as a container for which a refund amount is payable under the scheme by, for example, scanning the container’s barcode— (i) accepts the container; and (ii) dispenses the refund amount for the container in a way stated on or near the machine; or\n- (i) accepts the container; and\n- (ii) dispenses the refund amount for the container in a way stated on or near the machine; or\n- (b) otherwise—refuses to accept the container.\n- (i) accepts the container; and\n- (ii) dispenses the refund amount for the container in a way stated on or near the machine; or","sortOrder":204},{"sectionNumber":"sec.99L","sectionType":"section","heading":"Meaning of beverage","content":"### sec.99L Meaning of beverage\n\nA beverage is a liquid intended for human consumption by drinking.\nHowever, a beverage does not include a liquid prescribed by regulation to not be a beverage for this section.\ns 99L ins 2017 No. 31 s 4\n(sec.99L-ssec.1) A beverage is a liquid intended for human consumption by drinking.\n(sec.99L-ssec.2) However, a beverage does not include a liquid prescribed by regulation to not be a beverage for this section.","sortOrder":205},{"sectionNumber":"sec.99M","sectionType":"section","heading":"Meaning of container","content":"### sec.99M Meaning of container\n\nA container is—\na container that is made to—\ncontain a beverage; and\nwhen filled with a beverage, be sealed for storage, transport and handling before being sold for the beverage to be consumed; or\nanother container prescribed by regulation as a container for this section.\nHowever, a container does not include a container prescribed by regulation to not be a container for this section.\ns 99M ins 2017 No. 31 s 4\n(sec.99M-ssec.1) A container is— a container that is made to— contain a beverage; and when filled with a beverage, be sealed for storage, transport and handling before being sold for the beverage to be consumed; or another container prescribed by regulation as a container for this section.\n(sec.99M-ssec.2) However, a container does not include a container prescribed by regulation to not be a container for this section.\n- (a) a container that is made to— (i) contain a beverage; and (ii) when filled with a beverage, be sealed for storage, transport and handling before being sold for the beverage to be consumed; or\n- (i) contain a beverage; and\n- (ii) when filled with a beverage, be sealed for storage, transport and handling before being sold for the beverage to be consumed; or\n- (b) another container prescribed by regulation as a container for this section.\n- (i) contain a beverage; and\n- (ii) when filled with a beverage, be sealed for storage, transport and handling before being sold for the beverage to be consumed; or","sortOrder":206},{"sectionNumber":"sec.99N","sectionType":"section","heading":"Meaning of beverage product and type of container","content":"### sec.99N Meaning of beverage product and type of container\n\nA beverage product is the combination of a particular beverage packaged in a container of a particular type.\nThe type of a container is the combination of—\nthe volume of a beverage the container is made to hold; and\nthe material the container is made of.\ns 99N ins 2017 No. 31 s 4\n(sec.99N-ssec.1) A beverage product is the combination of a particular beverage packaged in a container of a particular type.\n(sec.99N-ssec.2) The type of a container is the combination of— the volume of a beverage the container is made to hold; and the material the container is made of.\n- (a) the volume of a beverage the container is made to hold; and\n- (b) the material the container is made of.","sortOrder":207},{"sectionNumber":"sec.99O","sectionType":"section","heading":"Meaning of manufacturer","content":"### sec.99O Meaning of manufacturer\n\nA person is a manufacturer of a beverage product if the person—\nmakes the beverage product, including, for example—\nby filling containers with a beverage; or\nengaging another person under a contract to make the beverage product or fill containers with a beverage for the person; or\nimports the beverage product from a foreign country; or\narranges for the distribution of the beverage product in Queensland.\nFor subsection (1) (a) and (b) , it does not matter whether the beverage product is made in, or imported into, Queensland or another State.\ns 99O ins 2017 No. 31 s 4\n(sec.99O-ssec.1) A person is a manufacturer of a beverage product if the person— makes the beverage product, including, for example— by filling containers with a beverage; or engaging another person under a contract to make the beverage product or fill containers with a beverage for the person; or imports the beverage product from a foreign country; or arranges for the distribution of the beverage product in Queensland.\n(sec.99O-ssec.2) For subsection (1) (a) and (b) , it does not matter whether the beverage product is made in, or imported into, Queensland or another State.\n- (a) makes the beverage product, including, for example— (i) by filling containers with a beverage; or (ii) engaging another person under a contract to make the beverage product or fill containers with a beverage for the person; or\n- (i) by filling containers with a beverage; or\n- (ii) engaging another person under a contract to make the beverage product or fill containers with a beverage for the person; or\n- (b) imports the beverage product from a foreign country; or\n- (c) arranges for the distribution of the beverage product in Queensland.\n- (i) by filling containers with a beverage; or\n- (ii) engaging another person under a contract to make the beverage product or fill containers with a beverage for the person; or","sortOrder":208},{"sectionNumber":"ch.4-pt.3B-div.2","sectionType":"division","heading":"Sale of beverages in containers","content":"## Sale of beverages in containers","sortOrder":209},{"sectionNumber":"sec.99P","sectionType":"section","heading":"Restriction on manufacturer selling beverage product","content":"### sec.99P Restriction on manufacturer selling beverage product\n\nA manufacturer of a beverage product must not sell the beverage product to another person to use or consume in Queensland, or to sell for use, consumption or further sale in Queensland, unless—\na container recovery agreement is in force for the type of container used for the beverage product; and\nthe container is registered; and\nthe container displays—\nthe refund marking; and\na barcode for the beverage product.\nMaximum penalty—500 penalty units.\nFor this section, it does not matter whether the beverage manufacturer sells the beverage product in Queensland, in another State or somewhere else.\ns 99P ins 2017 No. 31 s 4\n(sec.99P-ssec.1) A manufacturer of a beverage product must not sell the beverage product to another person to use or consume in Queensland, or to sell for use, consumption or further sale in Queensland, unless— a container recovery agreement is in force for the type of container used for the beverage product; and the container is registered; and the container displays— the refund marking; and a barcode for the beverage product. Maximum penalty—500 penalty units.\n(sec.99P-ssec.2) For this section, it does not matter whether the beverage manufacturer sells the beverage product in Queensland, in another State or somewhere else.\n- (a) a container recovery agreement is in force for the type of container used for the beverage product; and\n- (b) the container is registered; and\n- (c) the container displays— (i) the refund marking; and (ii) a barcode for the beverage product.\n- (i) the refund marking; and\n- (ii) a barcode for the beverage product.\n- (i) the refund marking; and\n- (ii) a barcode for the beverage product.","sortOrder":210},{"sectionNumber":"sec.99Q","sectionType":"section","heading":"Container recovery agreement","content":"### sec.99Q Container recovery agreement\n\nA container recovery agreement is a written agreement between the Organisation and a manufacturer of a beverage product about the type of container used for the product.\nThe purpose of a container recovery agreement is to ensure the manufacturer contributes to the cost of the scheme, including, for example, the cost of the refund amounts paid for empty containers under the scheme.\nThe Organisation must not enter into a container recovery agreement with the manufacturer for a type of container unless the Organisation is satisfied ongoing, effective and appropriate arrangements for the container type to be collected, sorted and recycled are available.\nA container recovery agreement must include provisions about the following matters—\nthe manufacturer’s obligations in relation to paying amounts to the Organisation, including how each amount is worked out and when it is to be paid, to contribute to the costs of—\nrefund amounts for empty containers of the manufacturer’s beverage products to be paid under the scheme; and\nthe administration of the scheme, including amounts paid to the operators of container refund points under the scheme;\nthe manufacturer’s obligations in relation to giving information to the Organisation about the beverage products made or imported for sale in Queensland by the manufacturer, including how and when the information is to be given;\na dispute resolution process for settling disputes between the Organisation and the manufacturer;\nwhen the agreement must be reviewed;\na process for either party to the agreement to seek an earlier review of the agreement or an amendment to it;\nother matters prescribed by regulation.\nA container recovery agreement must also include the standard terms, about a matter mentioned in subsection (4) or another matter, prescribed by regulation.\ns 99Q ins 2017 No. 31 s 4\n(sec.99Q-ssec.1) A container recovery agreement is a written agreement between the Organisation and a manufacturer of a beverage product about the type of container used for the product.\n(sec.99Q-ssec.2) The purpose of a container recovery agreement is to ensure the manufacturer contributes to the cost of the scheme, including, for example, the cost of the refund amounts paid for empty containers under the scheme.\n(sec.99Q-ssec.3) The Organisation must not enter into a container recovery agreement with the manufacturer for a type of container unless the Organisation is satisfied ongoing, effective and appropriate arrangements for the container type to be collected, sorted and recycled are available.\n(sec.99Q-ssec.4) A container recovery agreement must include provisions about the following matters— the manufacturer’s obligations in relation to paying amounts to the Organisation, including how each amount is worked out and when it is to be paid, to contribute to the costs of— refund amounts for empty containers of the manufacturer’s beverage products to be paid under the scheme; and the administration of the scheme, including amounts paid to the operators of container refund points under the scheme; the manufacturer’s obligations in relation to giving information to the Organisation about the beverage products made or imported for sale in Queensland by the manufacturer, including how and when the information is to be given; a dispute resolution process for settling disputes between the Organisation and the manufacturer; when the agreement must be reviewed; a process for either party to the agreement to seek an earlier review of the agreement or an amendment to it; other matters prescribed by regulation.\n(sec.99Q-ssec.5) A container recovery agreement must also include the standard terms, about a matter mentioned in subsection (4) or another matter, prescribed by regulation.\n- (a) the manufacturer’s obligations in relation to paying amounts to the Organisation, including how each amount is worked out and when it is to be paid, to contribute to the costs of— (i) refund amounts for empty containers of the manufacturer’s beverage products to be paid under the scheme; and (ii) the administration of the scheme, including amounts paid to the operators of container refund points under the scheme;\n- (i) refund amounts for empty containers of the manufacturer’s beverage products to be paid under the scheme; and\n- (ii) the administration of the scheme, including amounts paid to the operators of container refund points under the scheme;\n- (b) the manufacturer’s obligations in relation to giving information to the Organisation about the beverage products made or imported for sale in Queensland by the manufacturer, including how and when the information is to be given;\n- (c) a dispute resolution process for settling disputes between the Organisation and the manufacturer;\n- (d) when the agreement must be reviewed;\n- (e) a process for either party to the agreement to seek an earlier review of the agreement or an amendment to it;\n- (f) other matters prescribed by regulation.\n- (i) refund amounts for empty containers of the manufacturer’s beverage products to be paid under the scheme; and\n- (ii) the administration of the scheme, including amounts paid to the operators of container refund points under the scheme;","sortOrder":211},{"sectionNumber":"sec.99R","sectionType":"section","heading":"Limits on amounts paid by small beverage manufacturers under container recovery agreements","content":"### sec.99R Limits on amounts paid by small beverage manufacturers under container recovery agreements\n\nA small beverage manufacturer must not, under a container recovery agreement, be required to pay an amount to contribute to the costs of the scheme that is more than the amount worked out under a regulation.\nIn this section—\nsmall beverage manufacturer means a manufacturer of a beverage product who is prescribed by regulation to be a small beverage manufacturer.\ns 99R ins 2017 No. 31 s 4\n(sec.99R-ssec.1) A small beverage manufacturer must not, under a container recovery agreement, be required to pay an amount to contribute to the costs of the scheme that is more than the amount worked out under a regulation.\n(sec.99R-ssec.2) In this section— small beverage manufacturer means a manufacturer of a beverage product who is prescribed by regulation to be a small beverage manufacturer.","sortOrder":212},{"sectionNumber":"ch.4-pt.3B-div.3","sectionType":"division","heading":"Refund amounts for empty containers and container refund points","content":"## Refund amounts for empty containers and container refund points","sortOrder":213},{"sectionNumber":"sec.99S","sectionType":"section","heading":"Claiming refund amount from container refund point","content":"### sec.99S Claiming refund amount from container refund point\n\nA person may claim a refund amount for an empty container by presenting the container at a container refund point.\nThe operator of the container refund point must accept the container and pay the person the refund amount for the container.\nMaximum penalty—300 penalty units.\nHowever, subsection (2) does not apply if—\nthe container is not registered; or\nthe refund marking is not displayed on the container; or\nthe operator of the container refund point reasonably believes a refund amount has already been paid for the container; or\nif the person is required to give the operator a refund declaration under section 99T —the person does not comply with the requirement; or\nif a sign at the container refund point states that the operator of the container refund point pays refund amounts in a way other than in cash—the person refuses to accept the refund amount paid in the other way.\nSee section 99V for provisions about the ways the operator of a container refund point may pay refund amounts.\nThis section does not apply to a container refund point that is a reverse vending machine.\ns 99S ins 2017 No. 31 s 4\n(sec.99S-ssec.1) A person may claim a refund amount for an empty container by presenting the container at a container refund point.\n(sec.99S-ssec.2) The operator of the container refund point must accept the container and pay the person the refund amount for the container. Maximum penalty—300 penalty units.\n(sec.99S-ssec.3) However, subsection (2) does not apply if— the container is not registered; or the refund marking is not displayed on the container; or the operator of the container refund point reasonably believes a refund amount has already been paid for the container; or if the person is required to give the operator a refund declaration under section 99T —the person does not comply with the requirement; or if a sign at the container refund point states that the operator of the container refund point pays refund amounts in a way other than in cash—the person refuses to accept the refund amount paid in the other way. See section 99V for provisions about the ways the operator of a container refund point may pay refund amounts.\n(sec.99S-ssec.4) This section does not apply to a container refund point that is a reverse vending machine.\n- (a) the container is not registered; or\n- (b) the refund marking is not displayed on the container; or\n- (c) the operator of the container refund point reasonably believes a refund amount has already been paid for the container; or\n- (d) if the person is required to give the operator a refund declaration under section 99T —the person does not comply with the requirement; or\n- (e) if a sign at the container refund point states that the operator of the container refund point pays refund amounts in a way other than in cash—the person refuses to accept the refund amount paid in the other way. Note— See section 99V for provisions about the ways the operator of a container refund point may pay refund amounts.","sortOrder":214},{"sectionNumber":"sec.99T","sectionType":"section","heading":"Refund declaration and proof of identity","content":"### sec.99T Refund declaration and proof of identity\n\nA person who claims a refund amount at a container refund point under section 99S must give the operator of the container refund point a refund declaration if—\nthe claim is for a bulk quantity of empty containers and the person has not entered into a bulk claim arrangement with the operator; or\nthe operator asks the person for a refund declaration.\nMaximum penalty—100 penalty units.\nA refund declaration is a notice in which a person declares, for the containers for which the person is claiming a refund amount—\nthe containers were collected in Queensland or a corresponding jurisdiction for the purpose of claiming the refund amount under the scheme or a corresponding scheme; and\nthat the person reasonably believes—\nall the containers display the refund marking; and\nall the containers are registered; and\na refund amount has not previously been paid for the containers.\nA refund declaration must be—\nin the approved form; and\nsigned by the person making the declaration; and\naccompanied by an official document containing the person’s photograph (for example, a passport or driver licence) as proof of the person’s identity.\nIn this section—\nbulk claim arrangement , between a person and the operator of a container refund point, is an arrangement in writing—\nunder which the operator agrees to accept claims for refund amounts for bulk quantities of empty containers from the person; and\nthat states the person’s obligations under the arrangement in relation to claiming the refund amounts and delivering empty containers to the container refund point.\nbulk quantity , of empty containers, means the quantity of containers prescribed by regulation.\ns 99T ins 2017 No. 31 s 4\n(sec.99T-ssec.1) A person who claims a refund amount at a container refund point under section 99S must give the operator of the container refund point a refund declaration if— the claim is for a bulk quantity of empty containers and the person has not entered into a bulk claim arrangement with the operator; or the operator asks the person for a refund declaration. Maximum penalty—100 penalty units.\n(sec.99T-ssec.2) A refund declaration is a notice in which a person declares, for the containers for which the person is claiming a refund amount— the containers were collected in Queensland or a corresponding jurisdiction for the purpose of claiming the refund amount under the scheme or a corresponding scheme; and that the person reasonably believes— all the containers display the refund marking; and all the containers are registered; and a refund amount has not previously been paid for the containers.\n(sec.99T-ssec.3) A refund declaration must be— in the approved form; and signed by the person making the declaration; and accompanied by an official document containing the person’s photograph (for example, a passport or driver licence) as proof of the person’s identity.\n(sec.99T-ssec.4) In this section— bulk claim arrangement , between a person and the operator of a container refund point, is an arrangement in writing— under which the operator agrees to accept claims for refund amounts for bulk quantities of empty containers from the person; and that states the person’s obligations under the arrangement in relation to claiming the refund amounts and delivering empty containers to the container refund point. bulk quantity , of empty containers, means the quantity of containers prescribed by regulation.\n- (a) the claim is for a bulk quantity of empty containers and the person has not entered into a bulk claim arrangement with the operator; or\n- (b) the operator asks the person for a refund declaration.\n- (a) the containers were collected in Queensland or a corresponding jurisdiction for the purpose of claiming the refund amount under the scheme or a corresponding scheme; and\n- (b) that the person reasonably believes— (i) all the containers display the refund marking; and (ii) all the containers are registered; and (iii) a refund amount has not previously been paid for the containers.\n- (i) all the containers display the refund marking; and\n- (ii) all the containers are registered; and\n- (iii) a refund amount has not previously been paid for the containers.\n- (i) all the containers display the refund marking; and\n- (ii) all the containers are registered; and\n- (iii) a refund amount has not previously been paid for the containers.\n- (a) in the approved form; and\n- (b) signed by the person making the declaration; and\n- (c) accompanied by an official document containing the person’s photograph (for example, a passport or driver licence) as proof of the person’s identity.\n- (a) under which the operator agrees to accept claims for refund amounts for bulk quantities of empty containers from the person; and\n- (b) that states the person’s obligations under the arrangement in relation to claiming the refund amounts and delivering empty containers to the container refund point.","sortOrder":215},{"sectionNumber":"sec.99U","sectionType":"section","heading":"Claiming refund amount from reverse vending machine","content":"### sec.99U Claiming refund amount from reverse vending machine\n\nA person may claim a refund amount for an empty container from a reverse vending machine by placing the container in the machine.\nA refund amount is paid for the container when the reverse vending machine—\naccepts the container; and\ndispenses the refund amount for the container in a way mentioned in subsection (3) ; and\ngives the person a written record of—\nthe container accepted; and\nthe refund amount for the container; and\nhow and, if the refund amount was not dispensed to the person, to whom the refund amount was dispensed.\nA refund amount may be dispensed by a reverse vending machine in the following ways—\nto the person claiming the refund amount—\nin cash; or\nin another way stated on a sign that is on or near the machine;\nif a sign on or near the machine states that refund amounts for empty containers accepted by the machine are paid to another entity—by paying the amount to the other entity.\nA reverse vending machine raises money for a charity by paying refund amounts to the charity.\nA written record may be given under subsection (2) (c) electronically.\ns 99U ins 2017 No. 31 s 4\n(sec.99U-ssec.1) A person may claim a refund amount for an empty container from a reverse vending machine by placing the container in the machine.\n(sec.99U-ssec.2) A refund amount is paid for the container when the reverse vending machine— accepts the container; and dispenses the refund amount for the container in a way mentioned in subsection (3) ; and gives the person a written record of— the container accepted; and the refund amount for the container; and how and, if the refund amount was not dispensed to the person, to whom the refund amount was dispensed.\n(sec.99U-ssec.3) A refund amount may be dispensed by a reverse vending machine in the following ways— to the person claiming the refund amount— in cash; or in another way stated on a sign that is on or near the machine; if a sign on or near the machine states that refund amounts for empty containers accepted by the machine are paid to another entity—by paying the amount to the other entity. A reverse vending machine raises money for a charity by paying refund amounts to the charity.\n(sec.99U-ssec.4) A written record may be given under subsection (2) (c) electronically.\n- (a) accepts the container; and\n- (b) dispenses the refund amount for the container in a way mentioned in subsection (3) ; and\n- (c) gives the person a written record of— (i) the container accepted; and (ii) the refund amount for the container; and (iii) how and, if the refund amount was not dispensed to the person, to whom the refund amount was dispensed.\n- (i) the container accepted; and\n- (ii) the refund amount for the container; and\n- (iii) how and, if the refund amount was not dispensed to the person, to whom the refund amount was dispensed.\n- (i) the container accepted; and\n- (ii) the refund amount for the container; and\n- (iii) how and, if the refund amount was not dispensed to the person, to whom the refund amount was dispensed.\n- (a) to the person claiming the refund amount— (i) in cash; or (ii) in another way stated on a sign that is on or near the machine;\n- (i) in cash; or\n- (ii) in another way stated on a sign that is on or near the machine;\n- (b) if a sign on or near the machine states that refund amounts for empty containers accepted by the machine are paid to another entity—by paying the amount to the other entity. Example of an entity refund amounts may be paid to— A reverse vending machine raises money for a charity by paying refund amounts to the charity.\n- (i) in cash; or\n- (ii) in another way stated on a sign that is on or near the machine;","sortOrder":216},{"sectionNumber":"sec.99V","sectionType":"section","heading":"Ways refund amount may be paid","content":"### sec.99V Ways refund amount may be paid\n\nThe operator of a container refund point may pay refund amounts for containers presented at the container refund point—\nin cash or another way; or\nin 1 or more ways; or\nin different ways for different quantities of containers.\nin cash\nby electronic funds transfer to a bank account or credit card account\nas a voucher or card redeemable for cash, goods or services\nIf an operator pays a refund amount other than in cash, the operator must clearly display a sign at the container refund point that states—\nthe way the operator pays the refund amount; and\nif the operator pays the refund amount in different ways for different quantities of containers—the quantities of containers that apply for each different way.\ns 99V ins 2017 No. 31 s 4\n(sec.99V-ssec.1) The operator of a container refund point may pay refund amounts for containers presented at the container refund point— in cash or another way; or in 1 or more ways; or in different ways for different quantities of containers. in cash by electronic funds transfer to a bank account or credit card account as a voucher or card redeemable for cash, goods or services\n(sec.99V-ssec.2) If an operator pays a refund amount other than in cash, the operator must clearly display a sign at the container refund point that states— the way the operator pays the refund amount; and if the operator pays the refund amount in different ways for different quantities of containers—the quantities of containers that apply for each different way.\n- (a) in cash or another way; or\n- (b) in 1 or more ways; or\n- (c) in different ways for different quantities of containers.\n- • in cash\n- • by electronic funds transfer to a bank account or credit card account\n- • as a voucher or card redeemable for cash, goods or services\n- (a) the way the operator pays the refund amount; and\n- (b) if the operator pays the refund amount in different ways for different quantities of containers—the quantities of containers that apply for each different way.","sortOrder":217},{"sectionNumber":"sec.99W","sectionType":"section","heading":"When refund amount must not be claimed","content":"### sec.99W When refund amount must not be claimed\n\nA person must not claim a refund amount for an empty container at a container refund point if the person knows, or ought reasonably to know—\na refund amount has already been paid for the container; or\na recovery amount has been paid to the operator of a material recovery facility for the container.\nMaximum penalty—100 penalty units.\ns 99W ins 2017 No. 31 s 4\n- (a) a refund amount has already been paid for the container; or\n- (b) a recovery amount has been paid to the operator of a material recovery facility for the container.","sortOrder":218},{"sectionNumber":"sec.99X","sectionType":"section","heading":"Obligations of operator of reverse vending machine","content":"### sec.99X Obligations of operator of reverse vending machine\n\nThis section applies to the operator of a container refund point that is a reverse vending machine.\nThe operator must ensure, as far as is reasonably practicable—\nthe reverse vending machine is working properly; and\nif the machine is not working properly—\nthe machine is turned off; or\na sign or other method is used to indicate to users the machine is not working properly; and\nthe machine does not accept an empty container if the machine is not able to dispense a refund amount for the container; and\nthe machine does not dispense a refund amount for a container if—\nthe container is not registered; or\nthe container does not display the refund marking and a barcode for a beverage product; and\nthe following information is clearly displayed on or near the machine—\nthe types of container that can be accepted by the machine;\nif the machine dispenses the refund amount for a container other than in cash—the way the refund amount is dispensed;\nissuing a voucher or card redeemable for cash, goods or services\ncrediting the amount to a bank account or credit card account using electronic funds transfer\nif the refund amount for an empty container is dispensed by being paid to an entity other than the person who claims the refund amount—the entity to whom the refund amount is paid.\nA reverse vending machine raises money for a charity by paying refund amounts to the charity.\nMaximum penalty—300 penalty units.\ns 99X ins 2017 No. 31 s 4\n(sec.99X-ssec.1) This section applies to the operator of a container refund point that is a reverse vending machine.\n(sec.99X-ssec.2) The operator must ensure, as far as is reasonably practicable— the reverse vending machine is working properly; and if the machine is not working properly— the machine is turned off; or a sign or other method is used to indicate to users the machine is not working properly; and the machine does not accept an empty container if the machine is not able to dispense a refund amount for the container; and the machine does not dispense a refund amount for a container if— the container is not registered; or the container does not display the refund marking and a barcode for a beverage product; and the following information is clearly displayed on or near the machine— the types of container that can be accepted by the machine; if the machine dispenses the refund amount for a container other than in cash—the way the refund amount is dispensed; issuing a voucher or card redeemable for cash, goods or services crediting the amount to a bank account or credit card account using electronic funds transfer if the refund amount for an empty container is dispensed by being paid to an entity other than the person who claims the refund amount—the entity to whom the refund amount is paid. A reverse vending machine raises money for a charity by paying refund amounts to the charity. Maximum penalty—300 penalty units.\n- (a) the reverse vending machine is working properly; and\n- (b) if the machine is not working properly— (i) the machine is turned off; or (ii) a sign or other method is used to indicate to users the machine is not working properly; and\n- (i) the machine is turned off; or\n- (ii) a sign or other method is used to indicate to users the machine is not working properly; and\n- (c) the machine does not accept an empty container if the machine is not able to dispense a refund amount for the container; and\n- (d) the machine does not dispense a refund amount for a container if— (i) the container is not registered; or (ii) the container does not display the refund marking and a barcode for a beverage product; and\n- (i) the container is not registered; or\n- (ii) the container does not display the refund marking and a barcode for a beverage product; and\n- (e) the following information is clearly displayed on or near the machine— (i) the types of container that can be accepted by the machine; (ii) if the machine dispenses the refund amount for a container other than in cash—the way the refund amount is dispensed; Examples of ways other than cash in which a refund amount may be dispensed— • issuing a voucher or card redeemable for cash, goods or services • crediting the amount to a bank account or credit card account using electronic funds transfer (iii) if the refund amount for an empty container is dispensed by being paid to an entity other than the person who claims the refund amount—the entity to whom the refund amount is paid. Example of an entity to whom a refund amount may be paid— A reverse vending machine raises money for a charity by paying refund amounts to the charity.\n- (i) the types of container that can be accepted by the machine;\n- (ii) if the machine dispenses the refund amount for a container other than in cash—the way the refund amount is dispensed; Examples of ways other than cash in which a refund amount may be dispensed— • issuing a voucher or card redeemable for cash, goods or services • crediting the amount to a bank account or credit card account using electronic funds transfer\n- • issuing a voucher or card redeemable for cash, goods or services\n- • crediting the amount to a bank account or credit card account using electronic funds transfer\n- (iii) if the refund amount for an empty container is dispensed by being paid to an entity other than the person who claims the refund amount—the entity to whom the refund amount is paid. Example of an entity to whom a refund amount may be paid— A reverse vending machine raises money for a charity by paying refund amounts to the charity.\n- (i) the machine is turned off; or\n- (ii) a sign or other method is used to indicate to users the machine is not working properly; and\n- (i) the container is not registered; or\n- (ii) the container does not display the refund marking and a barcode for a beverage product; and\n- (i) the types of container that can be accepted by the machine;\n- (ii) if the machine dispenses the refund amount for a container other than in cash—the way the refund amount is dispensed; Examples of ways other than cash in which a refund amount may be dispensed— • issuing a voucher or card redeemable for cash, goods or services • crediting the amount to a bank account or credit card account using electronic funds transfer\n- • issuing a voucher or card redeemable for cash, goods or services\n- • crediting the amount to a bank account or credit card account using electronic funds transfer\n- (iii) if the refund amount for an empty container is dispensed by being paid to an entity other than the person who claims the refund amount—the entity to whom the refund amount is paid. Example of an entity to whom a refund amount may be paid— A reverse vending machine raises money for a charity by paying refund amounts to the charity.\n- • issuing a voucher or card redeemable for cash, goods or services\n- • crediting the amount to a bank account or credit card account using electronic funds transfer","sortOrder":219},{"sectionNumber":"sec.99Y","sectionType":"section","heading":"Container refund point operator must keep refund declarations","content":"### sec.99Y Container refund point operator must keep refund declarations\n\nThe operator of a container refund point must—\nkeep each refund declaration given to the operator for at least 5 years after the declaration was given; and\nfor the proof of identity document mentioned in section 99T (3) (c) that accompanied the declaration—\nmake a copy of the proof of identity document; and\nkeep the copy with the declaration for the period mentioned in paragraph (a) ; and\nif asked by an authorised person—produce the declaration and copy of the proof of identity document for inspection by the authorised person.\nMaximum penalty—300 penalty units.\nFor this section, a document may be made, kept or produced for inspection—\nelectronically; or\nby making, keeping or producing for inspection a copy of the document.\ns 99Y ins 2017 No. 31 s 4\n(sec.99Y-ssec.1) The operator of a container refund point must— keep each refund declaration given to the operator for at least 5 years after the declaration was given; and for the proof of identity document mentioned in section 99T (3) (c) that accompanied the declaration— make a copy of the proof of identity document; and keep the copy with the declaration for the period mentioned in paragraph (a) ; and if asked by an authorised person—produce the declaration and copy of the proof of identity document for inspection by the authorised person. Maximum penalty—300 penalty units.\n(sec.99Y-ssec.2) For this section, a document may be made, kept or produced for inspection— electronically; or by making, keeping or producing for inspection a copy of the document.\n- (a) keep each refund declaration given to the operator for at least 5 years after the declaration was given; and\n- (b) for the proof of identity document mentioned in section 99T (3) (c) that accompanied the declaration— (i) make a copy of the proof of identity document; and (ii) keep the copy with the declaration for the period mentioned in paragraph (a) ; and\n- (i) make a copy of the proof of identity document; and\n- (ii) keep the copy with the declaration for the period mentioned in paragraph (a) ; and\n- (c) if asked by an authorised person—produce the declaration and copy of the proof of identity document for inspection by the authorised person.\n- (i) make a copy of the proof of identity document; and\n- (ii) keep the copy with the declaration for the period mentioned in paragraph (a) ; and\n- (a) electronically; or\n- (b) by making, keeping or producing for inspection a copy of the document.","sortOrder":220},{"sectionNumber":"sec.99Z","sectionType":"section","heading":"Container collection agreement required to operate container refund point","content":"### sec.99Z Container collection agreement required to operate container refund point\n\nA person must not operate a container refund point unless a container collection agreement is in force for the container refund point.\nMaximum penalty—500 penalty units.\ns 99Z ins 2017 No. 31 s 4","sortOrder":221},{"sectionNumber":"sec.99ZA","sectionType":"section","heading":"Container collection agreement","content":"### sec.99ZA Container collection agreement\n\nA container collection agreement is a written agreement between the Organisation and the operator of a container refund point that includes provisions about the following matters—\nthe operator’s obligations under the agreement in relation to—\nsorting empty containers and transporting the containers, or arranging for the containers to be transported, to a waste facility for recycling; and\nkeeping records, and reporting to the Organisation, about the refund amounts paid and containers collected, sorted and transported for recycling by the operator; and\nensuring the container refund point is accessible to the public, including by operating the container refund point at particular times;\nthe amounts payable to the operator under the agreement for—\nrefund amounts paid, or to be paid, by the operator for containers under subdivision 1 ; and\nhandling, sorting and transporting the containers for recycling;\nwhen and how the operator may claim amounts mentioned in paragraph (b) and when and how the Organisation must pay the amounts;\nif the agreement relates to a reverse vending machine—the types of containers to be collected using the machine;\nwhether the operator may subcontract the operation of the container refund point and the operator’s obligations to the Organisation if the operation is subcontracted;\na dispute resolution process for settling disputes between the Organisation and the operator;\nthe term of the agreement and when the agreement must be reviewed;\na process for either party to the agreement to seek an earlier review of the agreement or an amendment to it;\nother matters prescribed by regulation.\nA container collection agreement must also include the standard terms, about a matter mentioned in subsection (1) or another matter, prescribed by regulation.\nThe Organisation must give a person an information notice if—\nthe person asks the Organisation, in writing, to enter into a container collection agreement for the purpose of the person operating a container refund point; and\nthe Organisation decides not to enter into a container collection agreement with the person.\nSee chapter 9 for provisions about internal and external reviews for a decision under this subsection.\nFor subsection (3) , the Organisation is taken to have decided not to enter into a container collection agreement with a person if the Organisation does not offer, in writing, to enter into an agreement with the person within 20 business days after the person makes the request mentioned in subsection (3) (a) .\ns 99ZA ins 2017 No. 31 s 4\n(sec.99ZA-ssec.1) A container collection agreement is a written agreement between the Organisation and the operator of a container refund point that includes provisions about the following matters— the operator’s obligations under the agreement in relation to— sorting empty containers and transporting the containers, or arranging for the containers to be transported, to a waste facility for recycling; and keeping records, and reporting to the Organisation, about the refund amounts paid and containers collected, sorted and transported for recycling by the operator; and ensuring the container refund point is accessible to the public, including by operating the container refund point at particular times; the amounts payable to the operator under the agreement for— refund amounts paid, or to be paid, by the operator for containers under subdivision 1 ; and handling, sorting and transporting the containers for recycling; when and how the operator may claim amounts mentioned in paragraph (b) and when and how the Organisation must pay the amounts; if the agreement relates to a reverse vending machine—the types of containers to be collected using the machine; whether the operator may subcontract the operation of the container refund point and the operator’s obligations to the Organisation if the operation is subcontracted; a dispute resolution process for settling disputes between the Organisation and the operator; the term of the agreement and when the agreement must be reviewed; a process for either party to the agreement to seek an earlier review of the agreement or an amendment to it; other matters prescribed by regulation.\n(sec.99ZA-ssec.2) A container collection agreement must also include the standard terms, about a matter mentioned in subsection (1) or another matter, prescribed by regulation.\n(sec.99ZA-ssec.3) The Organisation must give a person an information notice if— the person asks the Organisation, in writing, to enter into a container collection agreement for the purpose of the person operating a container refund point; and the Organisation decides not to enter into a container collection agreement with the person. See chapter 9 for provisions about internal and external reviews for a decision under this subsection.\n(sec.99ZA-ssec.4) For subsection (3) , the Organisation is taken to have decided not to enter into a container collection agreement with a person if the Organisation does not offer, in writing, to enter into an agreement with the person within 20 business days after the person makes the request mentioned in subsection (3) (a) .\n- (a) the operator’s obligations under the agreement in relation to— (i) sorting empty containers and transporting the containers, or arranging for the containers to be transported, to a waste facility for recycling; and (ii) keeping records, and reporting to the Organisation, about the refund amounts paid and containers collected, sorted and transported for recycling by the operator; and (iii) ensuring the container refund point is accessible to the public, including by operating the container refund point at particular times;\n- (i) sorting empty containers and transporting the containers, or arranging for the containers to be transported, to a waste facility for recycling; and\n- (ii) keeping records, and reporting to the Organisation, about the refund amounts paid and containers collected, sorted and transported for recycling by the operator; and\n- (iii) ensuring the container refund point is accessible to the public, including by operating the container refund point at particular times;\n- (b) the amounts payable to the operator under the agreement for— (i) refund amounts paid, or to be paid, by the operator for containers under subdivision 1 ; and (ii) handling, sorting and transporting the containers for recycling;\n- (i) refund amounts paid, or to be paid, by the operator for containers under subdivision 1 ; and\n- (ii) handling, sorting and transporting the containers for recycling;\n- (c) when and how the operator may claim amounts mentioned in paragraph (b) and when and how the Organisation must pay the amounts;\n- (d) if the agreement relates to a reverse vending machine—the types of containers to be collected using the machine;\n- (e) whether the operator may subcontract the operation of the container refund point and the operator’s obligations to the Organisation if the operation is subcontracted;\n- (f) a dispute resolution process for settling disputes between the Organisation and the operator;\n- (g) the term of the agreement and when the agreement must be reviewed;\n- (h) a process for either party to the agreement to seek an earlier review of the agreement or an amendment to it;\n- (i) other matters prescribed by regulation.\n- (i) sorting empty containers and transporting the containers, or arranging for the containers to be transported, to a waste facility for recycling; and\n- (ii) keeping records, and reporting to the Organisation, about the refund amounts paid and containers collected, sorted and transported for recycling by the operator; and\n- (iii) ensuring the container refund point is accessible to the public, including by operating the container refund point at particular times;\n- (i) refund amounts paid, or to be paid, by the operator for containers under subdivision 1 ; and\n- (ii) handling, sorting and transporting the containers for recycling;\n- (a) the person asks the Organisation, in writing, to enter into a container collection agreement for the purpose of the person operating a container refund point; and\n- (b) the Organisation decides not to enter into a container collection agreement with the person.","sortOrder":222},{"sectionNumber":"sec.99ZB","sectionType":"section","heading":"Operator of container refund point may claim payment for containers collected","content":"### sec.99ZB Operator of container refund point may claim payment for containers collected\n\nThe operator of a container refund point may claim a collection amount from the Organisation for containers collected by the operator.\nThe claim must—\nbe in the form required by the operator’s container collection agreement; and\nbe signed by the operator; and\ninclude details of—\nthe number of containers the subject of the claim and the amount of the refund amounts paid for the containers; and\nthe waste facility to which the containers were transported for recycling; and\nbe accompanied by the following—\na declaration that the operator reasonably believes all the containers are registered and display the refund marking;\ncopies of any refund declarations and proof of identity documents mentioned in section 99T (3) (c) that relate to the containers;\na notice signed by the operator of the waste facility mentioned in paragraph (c) (ii) declaring the operator has received the containers for recycling.\nThe Organisation must pay the collection amount for the containers to the operator as required by the container collection agreement.\nIf the Organisation decides the collection amount claimed for the containers is not payable to the operator by the container collection agreement, the Organisation must give the operator an information notice for the decision.\nSee chapter 9 for provisions about internal and external reviews of a decision under this subsection.\nFor subsection (4) , the Organisation is taken to have decided the collection amount is not payable to the operator under the container collection agreement if the Organisation does not pay the collection amount claimed for the containers within the time required under the agreement.\nSubsection (2) (c) (ii) and (d)(iii) does not apply to a container the subject of an extraordinary circumstances exemption.\nIn this section—\ncollection amount means an amount payable to the operator under a container collection agreement for—\nrefund amounts paid, or to be paid, by the operator for containers under subdivision 1 ; and\nhandling, sorting and transporting the containers for recycling.\ns 99ZB ins 2017 No. 31 s 4\n(sec.99ZB-ssec.1) The operator of a container refund point may claim a collection amount from the Organisation for containers collected by the operator.\n(sec.99ZB-ssec.2) The claim must— be in the form required by the operator’s container collection agreement; and be signed by the operator; and include details of— the number of containers the subject of the claim and the amount of the refund amounts paid for the containers; and the waste facility to which the containers were transported for recycling; and be accompanied by the following— a declaration that the operator reasonably believes all the containers are registered and display the refund marking; copies of any refund declarations and proof of identity documents mentioned in section 99T (3) (c) that relate to the containers; a notice signed by the operator of the waste facility mentioned in paragraph (c) (ii) declaring the operator has received the containers for recycling.\n(sec.99ZB-ssec.3) The Organisation must pay the collection amount for the containers to the operator as required by the container collection agreement.\n(sec.99ZB-ssec.4) If the Organisation decides the collection amount claimed for the containers is not payable to the operator by the container collection agreement, the Organisation must give the operator an information notice for the decision. See chapter 9 for provisions about internal and external reviews of a decision under this subsection.\n(sec.99ZB-ssec.5) For subsection (4) , the Organisation is taken to have decided the collection amount is not payable to the operator under the container collection agreement if the Organisation does not pay the collection amount claimed for the containers within the time required under the agreement.\n(sec.99ZB-ssec.6) Subsection (2) (c) (ii) and (d)(iii) does not apply to a container the subject of an extraordinary circumstances exemption.\n(sec.99ZB-ssec.7) In this section— collection amount means an amount payable to the operator under a container collection agreement for— refund amounts paid, or to be paid, by the operator for containers under subdivision 1 ; and handling, sorting and transporting the containers for recycling.\n- (a) be in the form required by the operator’s container collection agreement; and\n- (b) be signed by the operator; and\n- (c) include details of— (i) the number of containers the subject of the claim and the amount of the refund amounts paid for the containers; and (ii) the waste facility to which the containers were transported for recycling; and\n- (i) the number of containers the subject of the claim and the amount of the refund amounts paid for the containers; and\n- (ii) the waste facility to which the containers were transported for recycling; and\n- (d) be accompanied by the following— (i) a declaration that the operator reasonably believes all the containers are registered and display the refund marking; (ii) copies of any refund declarations and proof of identity documents mentioned in section 99T (3) (c) that relate to the containers; (iii) a notice signed by the operator of the waste facility mentioned in paragraph (c) (ii) declaring the operator has received the containers for recycling.\n- (i) a declaration that the operator reasonably believes all the containers are registered and display the refund marking;\n- (ii) copies of any refund declarations and proof of identity documents mentioned in section 99T (3) (c) that relate to the containers;\n- (iii) a notice signed by the operator of the waste facility mentioned in paragraph (c) (ii) declaring the operator has received the containers for recycling.\n- (i) the number of containers the subject of the claim and the amount of the refund amounts paid for the containers; and\n- (ii) the waste facility to which the containers were transported for recycling; and\n- (i) a declaration that the operator reasonably believes all the containers are registered and display the refund marking;\n- (ii) copies of any refund declarations and proof of identity documents mentioned in section 99T (3) (c) that relate to the containers;\n- (iii) a notice signed by the operator of the waste facility mentioned in paragraph (c) (ii) declaring the operator has received the containers for recycling.\n- (a) refund amounts paid, or to be paid, by the operator for containers under subdivision 1 ; and\n- (b) handling, sorting and transporting the containers for recycling.","sortOrder":223},{"sectionNumber":"sec.99ZC","sectionType":"section","heading":"When container refund point operator must not claim payment","content":"### sec.99ZC When container refund point operator must not claim payment\n\nThe operator of a container refund point must not claim payment of an amount from the Organisation under a container collection agreement if the payment relates to a container and any of the following apply—\nthe operator has not paid a refund amount for the container;\nthe container is not registered;\nthe operator knows, or ought reasonably to know, the container has been disposed of to landfill, whether or not the operator has paid a refund amount for the container.\nMaximum penalty—300 penalty units.\nSubsection (1) (c) does not apply to a container that is the subject of an extraordinary circumstances exemption.\ns 99ZC ins 2017 No. 31 s 4\n(sec.99ZC-ssec.1) The operator of a container refund point must not claim payment of an amount from the Organisation under a container collection agreement if the payment relates to a container and any of the following apply— the operator has not paid a refund amount for the container; the container is not registered; the operator knows, or ought reasonably to know, the container has been disposed of to landfill, whether or not the operator has paid a refund amount for the container. Maximum penalty—300 penalty units.\n(sec.99ZC-ssec.2) Subsection (1) (c) does not apply to a container that is the subject of an extraordinary circumstances exemption.\n- (a) the operator has not paid a refund amount for the container;\n- (b) the container is not registered;\n- (c) the operator knows, or ought reasonably to know, the container has been disposed of to landfill, whether or not the operator has paid a refund amount for the container.","sortOrder":224},{"sectionNumber":"sec.99ZD","sectionType":"section","heading":"Operator must ensure containers sent for recycling","content":"### sec.99ZD Operator must ensure containers sent for recycling\n\nThis section applies if—\nthe operator of a container refund point has paid a refund amount for a container; and\nthe container is not the subject of an extraordinary circumstances exemption.\nThe operator must not allow the container to be disposed of to landfill.\nMaximum penalty—500 penalty units.\ns 99ZD ins 2017 No. 31 s 4\n(sec.99ZD-ssec.1) This section applies if— the operator of a container refund point has paid a refund amount for a container; and the container is not the subject of an extraordinary circumstances exemption.\n(sec.99ZD-ssec.2) The operator must not allow the container to be disposed of to landfill. Maximum penalty—500 penalty units.\n- (a) the operator of a container refund point has paid a refund amount for a container; and\n- (b) the container is not the subject of an extraordinary circumstances exemption.","sortOrder":225},{"sectionNumber":"ch.4-pt.3B-div.4","sectionType":"division","heading":"Recovery amounts for empty containers recycled by material recovery facilities","content":"## Recovery amounts for empty containers recycled by material recovery facilities","sortOrder":226},{"sectionNumber":"sec.99ZE","sectionType":"section","heading":"Meaning of material recovery facility","content":"### sec.99ZE Meaning of material recovery facility\n\nA material recovery facility is a facility or other place—\nat which recyclable waste is sorted and prepared for recycling, whether or not the waste is also recycled at the facility or place; or\nof another type prescribed by regulation as a material recovery facility.\nHowever, a material recovery facility does not include a facility or other place prescribed by regulation to not be a material recovery facility.\ns 99ZE ins 2017 No. 31 s 4\n(sec.99ZE-ssec.1) A material recovery facility is a facility or other place— at which recyclable waste is sorted and prepared for recycling, whether or not the waste is also recycled at the facility or place; or of another type prescribed by regulation as a material recovery facility.\n(sec.99ZE-ssec.2) However, a material recovery facility does not include a facility or other place prescribed by regulation to not be a material recovery facility.\n- (a) at which recyclable waste is sorted and prepared for recycling, whether or not the waste is also recycled at the facility or place; or\n- (b) of another type prescribed by regulation as a material recovery facility.","sortOrder":227},{"sectionNumber":"sec.99ZF","sectionType":"section","heading":"Material recovery agreement","content":"### sec.99ZF Material recovery agreement\n\nA material recovery agreement is a written agreement between the Organisation and the operator of a material recovery facility about the payment of recovery amounts to the operator for containers the operator sorts and prepares for recycling.\nA material recovery agreement must contain provisions about the following matters—\nthe types of containers the operator sorts and prepares for recycling;\nthe arrangements the operator has in place for recycling the containers or sending the containers to a waste facility for recycling;\nwhether recovery amounts for quantities of containers will be worked out based on the actual number of containers or the recovery amount protocol;\nwhen and how recovery amounts may be claimed by the operator and will be paid by the Organisation;\na dispute resolution process for settling disputes between the Organisation and the operator;\nwhen the agreement must be reviewed;\na process for either party to the agreement to seek an earlier review of the agreement or an amendment to it;\nother matters prescribed by regulation.\nA material recovery agreement must also include the standard terms, about a matter mentioned in subsection (2) or another matter, prescribed by regulation.\nThe Organisation must give the operator of a material recovery facility an information notice if—\nthe operator asks the Organisation, in writing, to enter into a material recovery agreement for the purpose of claiming recovery amounts for containers; and\nthe Organisation decides not to enter into a material recovery agreement with the operator.\nSee chapter 9 for provisions about internal and external reviews for a decision under this subsection.\nFor subsection (4) , the Organisation is taken to have decided not to enter into a material recovery agreement with the operator of a material recovery facility if the Organisation does not offer, in writing, to enter into an agreement with the operator within 20 business days after the operator makes the request mentioned in subsection (4) (a) .\ns 99ZF ins 2017 No. 31 s 4\n(sec.99ZF-ssec.1) A material recovery agreement is a written agreement between the Organisation and the operator of a material recovery facility about the payment of recovery amounts to the operator for containers the operator sorts and prepares for recycling.\n(sec.99ZF-ssec.2) A material recovery agreement must contain provisions about the following matters— the types of containers the operator sorts and prepares for recycling; the arrangements the operator has in place for recycling the containers or sending the containers to a waste facility for recycling; whether recovery amounts for quantities of containers will be worked out based on the actual number of containers or the recovery amount protocol; when and how recovery amounts may be claimed by the operator and will be paid by the Organisation; a dispute resolution process for settling disputes between the Organisation and the operator; when the agreement must be reviewed; a process for either party to the agreement to seek an earlier review of the agreement or an amendment to it; other matters prescribed by regulation.\n(sec.99ZF-ssec.3) A material recovery agreement must also include the standard terms, about a matter mentioned in subsection (2) or another matter, prescribed by regulation.\n(sec.99ZF-ssec.4) The Organisation must give the operator of a material recovery facility an information notice if— the operator asks the Organisation, in writing, to enter into a material recovery agreement for the purpose of claiming recovery amounts for containers; and the Organisation decides not to enter into a material recovery agreement with the operator. See chapter 9 for provisions about internal and external reviews for a decision under this subsection.\n(sec.99ZF-ssec.5) For subsection (4) , the Organisation is taken to have decided not to enter into a material recovery agreement with the operator of a material recovery facility if the Organisation does not offer, in writing, to enter into an agreement with the operator within 20 business days after the operator makes the request mentioned in subsection (4) (a) .\n- (a) the types of containers the operator sorts and prepares for recycling;\n- (b) the arrangements the operator has in place for recycling the containers or sending the containers to a waste facility for recycling;\n- (c) whether recovery amounts for quantities of containers will be worked out based on the actual number of containers or the recovery amount protocol;\n- (d) when and how recovery amounts may be claimed by the operator and will be paid by the Organisation;\n- (e) a dispute resolution process for settling disputes between the Organisation and the operator;\n- (f) when the agreement must be reviewed;\n- (g) a process for either party to the agreement to seek an earlier review of the agreement or an amendment to it;\n- (h) other matters prescribed by regulation.\n- (a) the operator asks the Organisation, in writing, to enter into a material recovery agreement for the purpose of claiming recovery amounts for containers; and\n- (b) the Organisation decides not to enter into a material recovery agreement with the operator.","sortOrder":228},{"sectionNumber":"sec.99ZG","sectionType":"section","heading":"Meaning of recovery amount","content":"### sec.99ZG Meaning of recovery amount\n\nThe recovery amount for a quantity of containers is—\nif the number of containers in the quantity is known—the total of the refund amounts for the number of containers; or\notherwise—the amount worked out under the recovery amount protocol for the quantity.\nIn this part, a recovery amount for a container—\nhas been claimed if the container is included in a quantity of containers for which a recovery amount has been claimed; and\nhas been paid if the container is included in a quantity of containers for which a recovery amount has been paid.\ns 99ZG ins 2017 No. 31 s 4\n(sec.99ZG-ssec.1) The recovery amount for a quantity of containers is— if the number of containers in the quantity is known—the total of the refund amounts for the number of containers; or otherwise—the amount worked out under the recovery amount protocol for the quantity.\n(sec.99ZG-ssec.2) In this part, a recovery amount for a container— has been claimed if the container is included in a quantity of containers for which a recovery amount has been claimed; and has been paid if the container is included in a quantity of containers for which a recovery amount has been paid.\n- (a) if the number of containers in the quantity is known—the total of the refund amounts for the number of containers; or\n- (b) otherwise—the amount worked out under the recovery amount protocol for the quantity.\n- (a) has been claimed if the container is included in a quantity of containers for which a recovery amount has been claimed; and\n- (b) has been paid if the container is included in a quantity of containers for which a recovery amount has been paid.","sortOrder":229},{"sectionNumber":"sec.99ZH","sectionType":"section","heading":"Operator of material recovery facility may claim recovery amounts","content":"### sec.99ZH Operator of material recovery facility may claim recovery amounts\n\nThe operator of a material recovery facility may claim the recovery amount for a quantity of containers from the Organisation if the operator—\nhas entered into a material recovery agreement with the Organisation; and\nhas recycled the containers or sent the containers to a waste facility for recycling.\nThe claim must be in the form required by the operator’s material recovery agreement and accompanied by—\na notice signed by the operator declaring—\na refund amount has not been paid for any of the containers in the quantity; and\nif the operator has recycled the containers—the operator has recycled the containers; and\nif the operator has sent the containers to a waste facility for recycling—a notice signed by the operator of the waste facility declaring the operator has received the containers for recycling; and\nif the operator is claiming a recovery amount worked out under the recovery amount protocol—evidence the operator has complied with the protocol for claiming the recovery amount.\nThe Organisation must pay the recovery amount for the quantity of containers to the operator as required under the material recovery agreement.\nIf the Organisation decides the recovery amount claimed for the quantity of containers is not payable under the material recovery agreement, the Organisation must give the operator an information notice for the decision.\nSee chapter 9 for provisions about internal and external reviews of a decision under this subsection.\nFor subsection (4) , the Organisation is taken to have decided the recovery amount is not payable under the material recovery agreement if the Organisation does not pay the recovery amount claimed for a quantity of containers within the time required by the agreement.\nSubsections (1) (b) and (2) (a) (ii) and (b) do not apply to containers the subject of an extraordinary circumstances exemption.\ns 99ZH ins 2017 No. 31 s 4\n(sec.99ZH-ssec.1) The operator of a material recovery facility may claim the recovery amount for a quantity of containers from the Organisation if the operator— has entered into a material recovery agreement with the Organisation; and has recycled the containers or sent the containers to a waste facility for recycling.\n(sec.99ZH-ssec.2) The claim must be in the form required by the operator’s material recovery agreement and accompanied by— a notice signed by the operator declaring— a refund amount has not been paid for any of the containers in the quantity; and if the operator has recycled the containers—the operator has recycled the containers; and if the operator has sent the containers to a waste facility for recycling—a notice signed by the operator of the waste facility declaring the operator has received the containers for recycling; and if the operator is claiming a recovery amount worked out under the recovery amount protocol—evidence the operator has complied with the protocol for claiming the recovery amount.\n(sec.99ZH-ssec.3) The Organisation must pay the recovery amount for the quantity of containers to the operator as required under the material recovery agreement.\n(sec.99ZH-ssec.4) If the Organisation decides the recovery amount claimed for the quantity of containers is not payable under the material recovery agreement, the Organisation must give the operator an information notice for the decision. See chapter 9 for provisions about internal and external reviews of a decision under this subsection.\n(sec.99ZH-ssec.5) For subsection (4) , the Organisation is taken to have decided the recovery amount is not payable under the material recovery agreement if the Organisation does not pay the recovery amount claimed for a quantity of containers within the time required by the agreement.\n(sec.99ZH-ssec.6) Subsections (1) (b) and (2) (a) (ii) and (b) do not apply to containers the subject of an extraordinary circumstances exemption.\n- (a) has entered into a material recovery agreement with the Organisation; and\n- (b) has recycled the containers or sent the containers to a waste facility for recycling.\n- (a) a notice signed by the operator declaring— (i) a refund amount has not been paid for any of the containers in the quantity; and (ii) if the operator has recycled the containers—the operator has recycled the containers; and\n- (i) a refund amount has not been paid for any of the containers in the quantity; and\n- (ii) if the operator has recycled the containers—the operator has recycled the containers; and\n- (b) if the operator has sent the containers to a waste facility for recycling—a notice signed by the operator of the waste facility declaring the operator has received the containers for recycling; and\n- (c) if the operator is claiming a recovery amount worked out under the recovery amount protocol—evidence the operator has complied with the protocol for claiming the recovery amount.\n- (i) a refund amount has not been paid for any of the containers in the quantity; and\n- (ii) if the operator has recycled the containers—the operator has recycled the containers; and","sortOrder":230},{"sectionNumber":"sec.99ZI","sectionType":"section","heading":"When material recovery facility operator must not claim recovery amount","content":"### sec.99ZI When material recovery facility operator must not claim recovery amount\n\nThe operator of a material recovery facility must not claim the recovery amount for a container if—\na refund amount has been paid for the container at a container refund point; or\nthe container is not registered; or\nthe operator has allowed the container to be, or knows the container has been, disposed of to landfill.\nSee section 99ZX for deciding if an operator has allowed a container to be disposed of to landfill.\nMaximum penalty—300 penalty units.\nSubsection (1) (c) does not apply to a container that is the subject of an extraordinary circumstances exemption.\ns 99ZI ins 2017 No. 31 s 4\n(sec.99ZI-ssec.1) The operator of a material recovery facility must not claim the recovery amount for a container if— a refund amount has been paid for the container at a container refund point; or the container is not registered; or the operator has allowed the container to be, or knows the container has been, disposed of to landfill. See section 99ZX for deciding if an operator has allowed a container to be disposed of to landfill. Maximum penalty—300 penalty units.\n(sec.99ZI-ssec.2) Subsection (1) (c) does not apply to a container that is the subject of an extraordinary circumstances exemption.\n- (a) a refund amount has been paid for the container at a container refund point; or\n- (b) the container is not registered; or\n- (c) the operator has allowed the container to be, or knows the container has been, disposed of to landfill. Note— See section 99ZX for deciding if an operator has allowed a container to be disposed of to landfill.","sortOrder":231},{"sectionNumber":"sec.99ZJ","sectionType":"section","heading":"Operator must not allow containers to become landfill","content":"### sec.99ZJ Operator must not allow containers to become landfill\n\nThe operator of a material recovery facility must not allow a container to be disposed of to landfill if the operator has received a recovery amount for the container.\nMaximum penalty—500 penalty units.\nSee section 99ZX for deciding if an operator has allowed a container to be disposed of to landfill.\nThis section does not apply to a container that is the subject of an extraordinary circumstances exemption.\ns 99ZJ ins 2017 No. 31 s 4\n(sec.99ZJ-ssec.1) The operator of a material recovery facility must not allow a container to be disposed of to landfill if the operator has received a recovery amount for the container. Maximum penalty—500 penalty units. See section 99ZX for deciding if an operator has allowed a container to be disposed of to landfill.\n(sec.99ZJ-ssec.2) This section does not apply to a container that is the subject of an extraordinary circumstances exemption.","sortOrder":232},{"sectionNumber":"sec.99ZK","sectionType":"section","heading":"Recovery amount protocol","content":"### sec.99ZK Recovery amount protocol\n\nA recovery amount protocol is a document, issued by the chief executive, that states the way in which recovery amounts for containers are worked out if the number of containers is not known.\nWithout limiting subsection (1) , a recovery amount protocol may provide for ways to estimate the number of containers that are intermingled with other recyclable waste, for example—\nby sampling quantities of recyclable waste that include containers to work out the proportion of the waste that is containers; and\nestimating the number of containers in other quantities of recyclable waste using the proportion worked out from the sampling.\nA recovery amount protocol is issued by the chief executive by publishing it on the department’s website.\nThe chief executive must review a recovery amount protocol—\nif the Organisation or the operator of a material recovery facility asks the chief executive, in writing, to review the protocol; or\nat other times prescribed by regulation.\ns 99ZK ins 2017 No. 31 s 4\n(sec.99ZK-ssec.1) A recovery amount protocol is a document, issued by the chief executive, that states the way in which recovery amounts for containers are worked out if the number of containers is not known.\n(sec.99ZK-ssec.2) Without limiting subsection (1) , a recovery amount protocol may provide for ways to estimate the number of containers that are intermingled with other recyclable waste, for example— by sampling quantities of recyclable waste that include containers to work out the proportion of the waste that is containers; and estimating the number of containers in other quantities of recyclable waste using the proportion worked out from the sampling.\n(sec.99ZK-ssec.3) A recovery amount protocol is issued by the chief executive by publishing it on the department’s website.\n(sec.99ZK-ssec.4) The chief executive must review a recovery amount protocol— if the Organisation or the operator of a material recovery facility asks the chief executive, in writing, to review the protocol; or at other times prescribed by regulation.\n- (a) by sampling quantities of recyclable waste that include containers to work out the proportion of the waste that is containers; and\n- (b) estimating the number of containers in other quantities of recyclable waste using the proportion worked out from the sampling.\n- (a) if the Organisation or the operator of a material recovery facility asks the chief executive, in writing, to review the protocol; or\n- (b) at other times prescribed by regulation.","sortOrder":233},{"sectionNumber":"sec.99ZL","sectionType":"section","heading":"Operator of material recovery facility must comply with protocol","content":"### sec.99ZL Operator of material recovery facility must comply with protocol\n\nThis section applies if a material recovery agreement provides for the recovery amounts for quantities of containers claimed by the operator of a material recovery facility to be worked out under the recovery amount protocol.\nThe operator of the material recovery facility must comply with the recovery amount protocol.\nMaximum penalty—300 penalty units.\ns 99ZL ins 2017 No. 31 s 4\n(sec.99ZL-ssec.1) This section applies if a material recovery agreement provides for the recovery amounts for quantities of containers claimed by the operator of a material recovery facility to be worked out under the recovery amount protocol.\n(sec.99ZL-ssec.2) The operator of the material recovery facility must comply with the recovery amount protocol. Maximum penalty—300 penalty units.","sortOrder":234},{"sectionNumber":"ch.4-pt.3B-div.5","sectionType":"division","heading":"Approved containers for beverage products","content":"## Approved containers for beverage products","sortOrder":235},{"sectionNumber":"sec.99ZM","sectionType":"section","heading":"Organisation must establish and keep register","content":"### sec.99ZM Organisation must establish and keep register\n\nThe Organisation must keep an up-to-date register of approved containers.\nAn approved container is a container for a beverage product for which an approval is in force under—\nsubdivision 2 ; or\na corresponding law for a corresponding scheme.\nThe register must contain the following details for each approved container and the beverage product packaged in the container—\na description of the beverage product, including the following—\nthe type of beverage in the product;\nthe volume of beverage in the product;\nthe material the container, including its label, is made of;\nthe manufacturer of the beverage product who holds the approval;\nthe barcode for the beverage product;\nif the approval was granted in a corresponding jurisdiction—the corresponding jurisdiction;\nthe following days—\nthe day the approval was granted;\nif the approval has ended—the day the approval ended;\nany conditions of the approval.\nThe Organisation may also record in the register any other information the Organisation considers appropriate.\nThe register must be kept as a searchable, public register.\ns 99ZM ins 2017 No. 31 s 4\n(sec.99ZM-ssec.1) The Organisation must keep an up-to-date register of approved containers.\n(sec.99ZM-ssec.2) An approved container is a container for a beverage product for which an approval is in force under— subdivision 2 ; or a corresponding law for a corresponding scheme.\n(sec.99ZM-ssec.3) The register must contain the following details for each approved container and the beverage product packaged in the container— a description of the beverage product, including the following— the type of beverage in the product; the volume of beverage in the product; the material the container, including its label, is made of; the manufacturer of the beverage product who holds the approval; the barcode for the beverage product; if the approval was granted in a corresponding jurisdiction—the corresponding jurisdiction; the following days— the day the approval was granted; if the approval has ended—the day the approval ended; any conditions of the approval.\n(sec.99ZM-ssec.4) The Organisation may also record in the register any other information the Organisation considers appropriate.\n(sec.99ZM-ssec.5) The register must be kept as a searchable, public register.\n- (a) subdivision 2 ; or\n- (b) a corresponding law for a corresponding scheme.\n- (a) a description of the beverage product, including the following— (i) the type of beverage in the product; (ii) the volume of beverage in the product; (iii) the material the container, including its label, is made of;\n- (i) the type of beverage in the product;\n- (ii) the volume of beverage in the product;\n- (iii) the material the container, including its label, is made of;\n- (b) the manufacturer of the beverage product who holds the approval;\n- (c) the barcode for the beverage product;\n- (d) if the approval was granted in a corresponding jurisdiction—the corresponding jurisdiction;\n- (e) the following days— (i) the day the approval was granted; (ii) if the approval has ended—the day the approval ended;\n- (i) the day the approval was granted;\n- (ii) if the approval has ended—the day the approval ended;\n- (f) any conditions of the approval.\n- (i) the type of beverage in the product;\n- (ii) the volume of beverage in the product;\n- (iii) the material the container, including its label, is made of;\n- (i) the day the approval was granted;\n- (ii) if the approval has ended—the day the approval ended;","sortOrder":236},{"sectionNumber":"sec.99ZN","sectionType":"section","heading":"Application","content":"### sec.99ZN Application\n\nA manufacturer of a beverage may apply to the chief executive for approval of a container for a beverage product (a container approval ).\nSee chapter 8A for general provisions that apply to the application and to a container approval.\ns 99ZN ins 2017 No. 31 s 4","sortOrder":237},{"sectionNumber":"sec.99ZO","sectionType":"section","heading":"Particular matters for deciding application","content":"### sec.99ZO Particular matters for deciding application\n\nThe chief executive may grant the container approval only if satisfied—\na container recovery agreement between the Organisation and a manufacturer of the beverage product for the container type used in the product—\nis in force; or\nhas been agreed in principle by the Organisation pending the approval being granted; and\nthe container is suitable to be recycled; and\nthe way the refund marking is proposed to be displayed on the container is not likely to affect whether the container is suitable to be recycled; and\napproval for the beverage product is not in force under a corresponding law for a corresponding scheme; and\napproval for the beverage product has not been refused or cancelled under a corresponding law for a corresponding scheme.\nSee section 173V for the general criteria that apply for deciding the application.\ns 99ZO ins 2017 No. 31 s 4\n- (a) a container recovery agreement between the Organisation and a manufacturer of the beverage product for the container type used in the product— (i) is in force; or (ii) has been agreed in principle by the Organisation pending the approval being granted; and\n- (i) is in force; or\n- (ii) has been agreed in principle by the Organisation pending the approval being granted; and\n- (b) the container is suitable to be recycled; and\n- (c) the way the refund marking is proposed to be displayed on the container is not likely to affect whether the container is suitable to be recycled; and\n- (d) approval for the beverage product is not in force under a corresponding law for a corresponding scheme; and\n- (e) approval for the beverage product has not been refused or cancelled under a corresponding law for a corresponding scheme.\n- (i) is in force; or\n- (ii) has been agreed in principle by the Organisation pending the approval being granted; and","sortOrder":238},{"sectionNumber":"sec.99ZP","sectionType":"section","heading":"Notice of container approval","content":"### sec.99ZP Notice of container approval\n\nIf the chief executive decides to grant the container approval for a beverage product, the notice given to the manufacturer under section 173W must state the matters mentioned in section 99ZM (3) for the beverage product.\nThe chief executive must give a copy of the notice about the decision to the Organisation within 10 business days after making the decision.\ns 99ZP ins 2017 No. 31 s 4\n(sec.99ZP-ssec.1) If the chief executive decides to grant the container approval for a beverage product, the notice given to the manufacturer under section 173W must state the matters mentioned in section 99ZM (3) for the beverage product.\n(sec.99ZP-ssec.2) The chief executive must give a copy of the notice about the decision to the Organisation within 10 business days after making the decision.","sortOrder":239},{"sectionNumber":"sec.99ZQ","sectionType":"section","heading":"Conditions of container approval","content":"### sec.99ZQ Conditions of container approval\n\nIt is a condition of a container approval that the holder must give the Organisation notice about any changes to the beverage product the subject of the approval, including, for example—\nthe type of beverage in the product; or\nthe volume of beverage in the product; or\nthe material the container, including its label, is made of.\nSee section 173X for the chief executive’s general power to impose conditions on a container approval.\nThe holder of a container approval must comply with the conditions of the approval.\nMaximum penalty—300 penalty units.\ns 99ZQ ins 2017 No. 31 s 4\n(sec.99ZQ-ssec.1) It is a condition of a container approval that the holder must give the Organisation notice about any changes to the beverage product the subject of the approval, including, for example— the type of beverage in the product; or the volume of beverage in the product; or the material the container, including its label, is made of. See section 173X for the chief executive’s general power to impose conditions on a container approval.\n(sec.99ZQ-ssec.2) The holder of a container approval must comply with the conditions of the approval. Maximum penalty—300 penalty units.\n- (a) the type of beverage in the product; or\n- (b) the volume of beverage in the product; or\n- (c) the material the container, including its label, is made of.","sortOrder":240},{"sectionNumber":"sec.99ZR","sectionType":"section","heading":"Container approval continues in force","content":"### sec.99ZR Container approval continues in force\n\nA container approval continues in force until the approval is cancelled or surrendered.\nHowever, if a container approval is suspended, the approval does not have effect for the period of the suspension.\nDespite subsections (1) and (2) , a person, other than a manufacturer of a beverage product the subject of the container approval, does not commit an offence against this part—\nif the container used for the beverage product is no longer registered because the container approval has been cancelled or surrendered, or is suspended; and\nmerely because the container used for the product is not registered.\ns 99ZR ins 2017 No. 31 s 4\n(sec.99ZR-ssec.1) A container approval continues in force until the approval is cancelled or surrendered.\n(sec.99ZR-ssec.2) However, if a container approval is suspended, the approval does not have effect for the period of the suspension.\n(sec.99ZR-ssec.3) Despite subsections (1) and (2) , a person, other than a manufacturer of a beverage product the subject of the container approval, does not commit an offence against this part— if the container used for the beverage product is no longer registered because the container approval has been cancelled or surrendered, or is suspended; and merely because the container used for the product is not registered.\n- (a) if the container used for the beverage product is no longer registered because the container approval has been cancelled or surrendered, or is suspended; and\n- (b) merely because the container used for the product is not registered.","sortOrder":241},{"sectionNumber":"sec.99ZS","sectionType":"section","heading":"Applying to amend container approval","content":"### sec.99ZS Applying to amend container approval\n\nThe holder of a container approval for a beverage product may apply to the chief executive to amend the approval, including a condition of the approval.\nSee chapter 8A , part 2 for general provisions that apply to the application.\nWithout limiting subsection (1) , the holder may apply to amend—\nthe type of beverage in the beverage product; or\nthe volume of beverage in the product; or\nthe material the container, including its label, is made of.\ns 99ZS ins 2017 No. 31 s 4\n(sec.99ZS-ssec.1) The holder of a container approval for a beverage product may apply to the chief executive to amend the approval, including a condition of the approval. See chapter 8A , part 2 for general provisions that apply to the application.\n(sec.99ZS-ssec.2) Without limiting subsection (1) , the holder may apply to amend— the type of beverage in the beverage product; or the volume of beverage in the product; or the material the container, including its label, is made of.\n- (a) the type of beverage in the beverage product; or\n- (b) the volume of beverage in the product; or\n- (c) the material the container, including its label, is made of.","sortOrder":242},{"sectionNumber":"sec.99ZT","sectionType":"section","heading":"Deciding amendment application","content":"### sec.99ZT Deciding amendment application\n\nThis section applies if the chief executive is deciding whether or not to amend a container approval—\non an application made under section 99ZS ; or\nafter giving the holder of the approval a show cause notice about a proposed amendment under section 173ZB .\nSection 99ZO applies as if the decision were a decision about whether to grant the container approval.\ns 99ZT ins 2017 No. 31 s 4\n(sec.99ZT-ssec.1) This section applies if the chief executive is deciding whether or not to amend a container approval— on an application made under section 99ZS ; or after giving the holder of the approval a show cause notice about a proposed amendment under section 173ZB .\n(sec.99ZT-ssec.2) Section 99ZO applies as if the decision were a decision about whether to grant the container approval.\n- (a) on an application made under section 99ZS ; or\n- (b) after giving the holder of the approval a show cause notice about a proposed amendment under section 173ZB .","sortOrder":243},{"sectionNumber":"sec.99ZU","sectionType":"section","heading":"Applying to transfer container approval","content":"### sec.99ZU Applying to transfer container approval\n\nThe holder of a container approval may apply to the chief executive to transfer the approval to another person.\nSee chapter 8A , part 2 for general provisions that apply to the application.\nThe application must be accompanied by the signed consent of the proposed transferee.\nThe period for deciding the application is 10 business days.\nIf the chief executive decides to grant the application, the chief executive must, in addition to the notice under section 173W , give a notice about the decision to the proposed transferee and the Organisation within 5 business days after making the decision.\ns 99ZU ins 2017 No. 31 s 4\n(sec.99ZU-ssec.1) The holder of a container approval may apply to the chief executive to transfer the approval to another person. See chapter 8A , part 2 for general provisions that apply to the application.\n(sec.99ZU-ssec.2) The application must be accompanied by the signed consent of the proposed transferee.\n(sec.99ZU-ssec.3) The period for deciding the application is 10 business days.\n(sec.99ZU-ssec.4) If the chief executive decides to grant the application, the chief executive must, in addition to the notice under section 173W , give a notice about the decision to the proposed transferee and the Organisation within 5 business days after making the decision.","sortOrder":244},{"sectionNumber":"sec.99ZV","sectionType":"section","heading":"Grounds for suspending or cancelling container approval","content":"### sec.99ZV Grounds for suspending or cancelling container approval\n\nEach of the following is a ground for suspending or cancelling a container approval for a beverage product—\na container recovery agreement for the type of container for the beverage product is not, or is no longer, in force between the Organisation and a manufacturer of the product;\nthe container is not, or is no longer, suitable to be recycled;\nthe way the refund marking is proposed to be displayed on the container affects, or is likely to affect, whether the container can be recycled;\nthe container for the beverage product is no longer a container under the scheme;\nthe beverage in the beverage product is no longer a beverage under the scheme.\nSee chapter 8A , part 3 for general provisions that apply for suspending or cancelling a container approval.\ns 99ZV ins 2017 No. 31 s 4\n- (a) a container recovery agreement for the type of container for the beverage product is not, or is no longer, in force between the Organisation and a manufacturer of the product;\n- (b) the container is not, or is no longer, suitable to be recycled;\n- (c) the way the refund marking is proposed to be displayed on the container affects, or is likely to affect, whether the container can be recycled;\n- (d) the container for the beverage product is no longer a container under the scheme;\n- (e) the beverage in the beverage product is no longer a beverage under the scheme.","sortOrder":245},{"sectionNumber":"ch.4-pt.3B-div.6","sectionType":"division","heading":"Miscellaneous","content":"## Miscellaneous","sortOrder":246},{"sectionNumber":"sec.99ZW","sectionType":"section","heading":"Inconsistent provision has no effect","content":"### sec.99ZW Inconsistent provision has no effect\n\nA provision of any of the following agreements has no effect to the extent the provision is inconsistent with this Act—\na container recovery agreement;\na container collection agreement;\na material recovery agreement.\ns 99ZW ins 2017 No. 31 s 4\n- (a) a container recovery agreement;\n- (b) a container collection agreement;\n- (c) a material recovery agreement.","sortOrder":247},{"sectionNumber":"sec.99ZX","sectionType":"section","heading":"Disposal of containers to landfill","content":"### sec.99ZX Disposal of containers to landfill\n\nThis section applies for deciding, for this part, whether a person has disposed of, or allowed the disposal of, a container to landfill.\nA person has allowed a container to be disposed of to landfill if—\nthe person arranged for the container to be taken to a waste facility for recycling; and\nwhen the person made the arrangement, the person knew, or ought reasonably to have known, the operator of the waste facility was likely to dispose of, or allow the disposal of, the container to landfill; and\nthe container is disposed of to landfill.\nA person has not disposed of, or allowed the disposal of, a container to landfill if—\nthe person arranged for the container to be taken to a waste facility at which containers of that type can be recycled; and\npart of the container can not be recycled at the waste facility; and\nthat part of the container is disposed of to landfill.\ns 99ZX ins 2017 No. 31 s 4\n(sec.99ZX-ssec.1) This section applies for deciding, for this part, whether a person has disposed of, or allowed the disposal of, a container to landfill.\n(sec.99ZX-ssec.2) A person has allowed a container to be disposed of to landfill if— the person arranged for the container to be taken to a waste facility for recycling; and when the person made the arrangement, the person knew, or ought reasonably to have known, the operator of the waste facility was likely to dispose of, or allow the disposal of, the container to landfill; and the container is disposed of to landfill.\n(sec.99ZX-ssec.3) A person has not disposed of, or allowed the disposal of, a container to landfill if— the person arranged for the container to be taken to a waste facility at which containers of that type can be recycled; and part of the container can not be recycled at the waste facility; and that part of the container is disposed of to landfill.\n- (a) the person arranged for the container to be taken to a waste facility for recycling; and\n- (b) when the person made the arrangement, the person knew, or ought reasonably to have known, the operator of the waste facility was likely to dispose of, or allow the disposal of, the container to landfill; and\n- (c) the container is disposed of to landfill.\n- (a) the person arranged for the container to be taken to a waste facility at which containers of that type can be recycled; and\n- (b) part of the container can not be recycled at the waste facility; and\n- (c) that part of the container is disposed of to landfill.","sortOrder":248},{"sectionNumber":"sec.99ZY","sectionType":"section","heading":"Extraordinary circumstances exemption","content":"### sec.99ZY Extraordinary circumstances exemption\n\nThis section applies if a container has become unsuitable to be recycled because of extraordinary circumstances.\nThe container becomes contaminated when the place at which the container is stored is inundated by water from a flooded river during a severe storm.\nThe operator of a container refund point or material recovery facility may apply to the chief executive for an exemption (an extraordinary circumstances exemption ) from the requirements under this part to—\nrecycle the container or send the container to be recycled; and\nnot allow the container to be disposed of to landfill.\nSee chapter 8A for general provisions that apply to the application and an extraordinary circumstances exemption.\nThe chief executive may grant the exemption if satisfied—\nthe container has become unsuitable to be recycled; and\nthe circumstances that caused the container to become unsuitable to be recycled were extraordinary and either—\ncould not have reasonably been foreseen; or\nwere beyond the operator’s control.\ns 99ZY ins 2017 No. 31 s 4\n(sec.99ZY-ssec.1) This section applies if a container has become unsuitable to be recycled because of extraordinary circumstances. The container becomes contaminated when the place at which the container is stored is inundated by water from a flooded river during a severe storm.\n(sec.99ZY-ssec.2) The operator of a container refund point or material recovery facility may apply to the chief executive for an exemption (an extraordinary circumstances exemption ) from the requirements under this part to— recycle the container or send the container to be recycled; and not allow the container to be disposed of to landfill. See chapter 8A for general provisions that apply to the application and an extraordinary circumstances exemption.\n(sec.99ZY-ssec.3) The chief executive may grant the exemption if satisfied— the container has become unsuitable to be recycled; and the circumstances that caused the container to become unsuitable to be recycled were extraordinary and either— could not have reasonably been foreseen; or were beyond the operator’s control.\n- (a) recycle the container or send the container to be recycled; and\n- (b) not allow the container to be disposed of to landfill.\n- (a) the container has become unsuitable to be recycled; and\n- (b) the circumstances that caused the container to become unsuitable to be recycled were extraordinary and either— (i) could not have reasonably been foreseen; or (ii) were beyond the operator’s control.\n- (i) could not have reasonably been foreseen; or\n- (ii) were beyond the operator’s control.\n- (i) could not have reasonably been foreseen; or\n- (ii) were beyond the operator’s control.","sortOrder":249},{"sectionNumber":"sec.99ZZ","sectionType":"section","heading":"Authorisations for competition legislation","content":"### sec.99ZZ Authorisations for competition legislation\n\nThe following things are specifically authorised for competition legislation—\nappointing, under part 5 , a company to administer the scheme;\ngranting, amending, transferring, suspending, cancelling or surrendering a container approval;\na container collection agreement;\na container recovery agreement;\na material recovery agreement;\nthe conduct of a person negotiating, entering into and performing an agreement mentioned in paragraph (c) , (d) or (e) .\nAnything authorised to be done by subsection (1) is authorised only to the extent to which it would otherwise contravene the Competition and Consumer Act 2010 (Cwlth) or the Competition Code of Queensland.\nIn this section—\ncompetition legislation means the Competition and Consumer Act 2010 (Cwlth) , section 51 (1) (b) or the Competition Code of Queensland , section 51 .\ns 99ZZ ins 2017 No. 31 s 4\n(sec.99ZZ-ssec.1) The following things are specifically authorised for competition legislation— appointing, under part 5 , a company to administer the scheme; granting, amending, transferring, suspending, cancelling or surrendering a container approval; a container collection agreement; a container recovery agreement; a material recovery agreement; the conduct of a person negotiating, entering into and performing an agreement mentioned in paragraph (c) , (d) or (e) .\n(sec.99ZZ-ssec.2) Anything authorised to be done by subsection (1) is authorised only to the extent to which it would otherwise contravene the Competition and Consumer Act 2010 (Cwlth) or the Competition Code of Queensland.\n(sec.99ZZ-ssec.3) In this section— competition legislation means the Competition and Consumer Act 2010 (Cwlth) , section 51 (1) (b) or the Competition Code of Queensland , section 51 .\n- (a) appointing, under part 5 , a company to administer the scheme;\n- (b) granting, amending, transferring, suspending, cancelling or surrendering a container approval;\n- (c) a container collection agreement;\n- (d) a container recovery agreement;\n- (e) a material recovery agreement;\n- (f) the conduct of a person negotiating, entering into and performing an agreement mentioned in paragraph (c) , (d) or (e) .","sortOrder":250},{"sectionNumber":"ch.4-pt.4","sectionType":"part","heading":"Disposal bans","content":"# Disposal bans","sortOrder":251},{"sectionNumber":"sec.100","sectionType":"section","heading":"Application of this part","content":"### sec.100 Application of this part\n\nThis part applies to waste only if a regulation has identified the waste for the purposes of this part.\nWithout limiting subsection (1) , waste may be identified according to its type.\nThis part does not apply to waste excluded under a regulation from the operation of this part.\nWaste to which this part applies is disposal ban waste .\n(sec.100-ssec.1) This part applies to waste only if a regulation has identified the waste for the purposes of this part.\n(sec.100-ssec.2) Without limiting subsection (1) , waste may be identified according to its type.\n(sec.100-ssec.3) This part does not apply to waste excluded under a regulation from the operation of this part.\n(sec.100-ssec.4) Waste to which this part applies is disposal ban waste .","sortOrder":252},{"sectionNumber":"sec.101","sectionType":"section","heading":"Prohibition on disposal of disposal ban waste","content":"### sec.101 Prohibition on disposal of disposal ban waste\n\nThe operator of a waste facility who is required to hold an environmental authority in relation to the disposal of waste at the facility must not dispose of disposal ban waste at the facility.\nMaximum penalty—1,000 penalty units.\ns 101 amd 2012 No. 16 s 78 sch (amd 2013 No. 6 s 50 sch amdt 29)","sortOrder":253},{"sectionNumber":"sec.102","sectionType":"section","heading":"Considerations for prescribing waste as disposal ban waste","content":"### sec.102 Considerations for prescribing waste as disposal ban waste\n\nThe Minister may recommend to the Governor in Council the making of a regulation that identifies waste for the purposes of this part only after considering all of the following—\nwhether prohibition on the disposal of the waste is the most effective point of intervention in the life cycle of the waste;\nwhether there are viable existing or potential collection systems and markets for any benefit that may be obtained from not disposing of the waste;\nwhether the costs of monitoring, enforcement and market development are proportional to the benefits;\nwhether voluntary or other measures for the avoidance of disposal have been shown not to be effective;\nwhether a prohibition on disposal is required to support an accredited product stewardship scheme, a regulated product stewardship scheme or an approved program.\nThe Minister, in considering the matters mentioned in subsection (1) , may consult with any expert reference group or other entity the Minister considers appropriate.\n(sec.102-ssec.1) The Minister may recommend to the Governor in Council the making of a regulation that identifies waste for the purposes of this part only after considering all of the following— whether prohibition on the disposal of the waste is the most effective point of intervention in the life cycle of the waste; whether there are viable existing or potential collection systems and markets for any benefit that may be obtained from not disposing of the waste; whether the costs of monitoring, enforcement and market development are proportional to the benefits; whether voluntary or other measures for the avoidance of disposal have been shown not to be effective; whether a prohibition on disposal is required to support an accredited product stewardship scheme, a regulated product stewardship scheme or an approved program.\n(sec.102-ssec.2) The Minister, in considering the matters mentioned in subsection (1) , may consult with any expert reference group or other entity the Minister considers appropriate.\n- (a) whether prohibition on the disposal of the waste is the most effective point of intervention in the life cycle of the waste;\n- (b) whether there are viable existing or potential collection systems and markets for any benefit that may be obtained from not disposing of the waste;\n- (c) whether the costs of monitoring, enforcement and market development are proportional to the benefits;\n- (d) whether voluntary or other measures for the avoidance of disposal have been shown not to be effective;\n- (e) whether a prohibition on disposal is required to support an accredited product stewardship scheme, a regulated product stewardship scheme or an approved program.","sortOrder":254},{"sectionNumber":"ch.4-pt.5","sectionType":"part","heading":"Product Responsibility Organisation","content":"# Product Responsibility Organisation","sortOrder":255},{"sectionNumber":"ch.4-pt.5-div.1","sectionType":"division","heading":"Appointment and powers","content":"## Appointment and powers","sortOrder":256},{"sectionNumber":"sec.102A","sectionType":"section","heading":"Appointment","content":"### sec.102A Appointment\n\nThe Minister may, under this part, appoint an eligible company as the Product Responsibility Organisation for the container refund scheme.\ns 102A ins 2017 No. 31 s 5","sortOrder":257},{"sectionNumber":"sec.102B","sectionType":"section","heading":"Meaning of eligible company","content":"### sec.102B Meaning of eligible company\n\nAn eligible company is a company that—\nis registered under the Corporations Act ; and\nis carried on other than for the profit or gain of its individual members; and\nhas a constitution that, at all times—\nrequires the company to maintain a board, constituted by 9 directors, that has the composition required under subsection (2) ; and\nprohibits dividends being paid to, or the income, profits or assets of the company being distributed among, its members; and\nrequires the persons appointed or employed as executive officers of the company to be eligible individuals; and\nincludes provisions about—\nthe way the chair and directors are appointed and removed; and\nthe way the chair and directors vote on and decide matters; and\nthe remuneration and other entitlements of the chair and directors; and\nthe way the constitution is amended; and\nanother matter prescribed by regulation.\nFor subsection (1) (c) (i) , the required composition of the board is as follows—\na chair who is—\na director; and\nindependent of the beverage industry; and\napproved by the Minister;\nat least 1 director who is an executive officer, employee or business associate of a small beverage manufacturer or an association that represents small beverage manufacturers;\nat least 1 director who is an executive officer, employee or business associate of a large beverage manufacturer;\nat least 1 director who—\nrepresents the interests of the community; and\nis independent of the beverage industry; and\nis approved by the Minister;\nat least 2 other directors who—\nhave legal or financial qualifications and experience; and\nare independent of the beverage industry.\nIn this section—\nindependent of the beverage industry , for a person, means the person is not an executive officer, employee or business associate of a manufacturer of a beverage product.\nlarge beverage manufacturer means a manufacturer of a beverage product other than a small beverage manufacturer.\nsmall beverage manufacturer see section 99R (2) .\ns 102B ins 2017 No. 31 s 5\n(sec.102B-ssec.1) An eligible company is a company that— is registered under the Corporations Act ; and is carried on other than for the profit or gain of its individual members; and has a constitution that, at all times— requires the company to maintain a board, constituted by 9 directors, that has the composition required under subsection (2) ; and prohibits dividends being paid to, or the income, profits or assets of the company being distributed among, its members; and requires the persons appointed or employed as executive officers of the company to be eligible individuals; and includes provisions about— the way the chair and directors are appointed and removed; and the way the chair and directors vote on and decide matters; and the remuneration and other entitlements of the chair and directors; and the way the constitution is amended; and another matter prescribed by regulation.\n(sec.102B-ssec.2) For subsection (1) (c) (i) , the required composition of the board is as follows— a chair who is— a director; and independent of the beverage industry; and approved by the Minister; at least 1 director who is an executive officer, employee or business associate of a small beverage manufacturer or an association that represents small beverage manufacturers; at least 1 director who is an executive officer, employee or business associate of a large beverage manufacturer; at least 1 director who— represents the interests of the community; and is independent of the beverage industry; and is approved by the Minister; at least 2 other directors who— have legal or financial qualifications and experience; and are independent of the beverage industry.\n(sec.102B-ssec.3) In this section— independent of the beverage industry , for a person, means the person is not an executive officer, employee or business associate of a manufacturer of a beverage product. large beverage manufacturer means a manufacturer of a beverage product other than a small beverage manufacturer. small beverage manufacturer see section 99R (2) .\n- (a) is registered under the Corporations Act ; and\n- (b) is carried on other than for the profit or gain of its individual members; and\n- (c) has a constitution that, at all times— (i) requires the company to maintain a board, constituted by 9 directors, that has the composition required under subsection (2) ; and (ii) prohibits dividends being paid to, or the income, profits or assets of the company being distributed among, its members; and (iii) requires the persons appointed or employed as executive officers of the company to be eligible individuals; and (iv) includes provisions about— (A) the way the chair and directors are appointed and removed; and (B) the way the chair and directors vote on and decide matters; and (C) the remuneration and other entitlements of the chair and directors; and (D) the way the constitution is amended; and (E) another matter prescribed by regulation.\n- (i) requires the company to maintain a board, constituted by 9 directors, that has the composition required under subsection (2) ; and\n- (ii) prohibits dividends being paid to, or the income, profits or assets of the company being distributed among, its members; and\n- (iii) requires the persons appointed or employed as executive officers of the company to be eligible individuals; and\n- (iv) includes provisions about— (A) the way the chair and directors are appointed and removed; and (B) the way the chair and directors vote on and decide matters; and (C) the remuneration and other entitlements of the chair and directors; and (D) the way the constitution is amended; and (E) another matter prescribed by regulation.\n- (A) the way the chair and directors are appointed and removed; and\n- (B) the way the chair and directors vote on and decide matters; and\n- (C) the remuneration and other entitlements of the chair and directors; and\n- (D) the way the constitution is amended; and\n- (E) another matter prescribed by regulation.\n- (i) requires the company to maintain a board, constituted by 9 directors, that has the composition required under subsection (2) ; and\n- (ii) prohibits dividends being paid to, or the income, profits or assets of the company being distributed among, its members; and\n- (iii) requires the persons appointed or employed as executive officers of the company to be eligible individuals; and\n- (iv) includes provisions about— (A) the way the chair and directors are appointed and removed; and (B) the way the chair and directors vote on and decide matters; and (C) the remuneration and other entitlements of the chair and directors; and (D) the way the constitution is amended; and (E) another matter prescribed by regulation.\n- (A) the way the chair and directors are appointed and removed; and\n- (B) the way the chair and directors vote on and decide matters; and\n- (C) the remuneration and other entitlements of the chair and directors; and\n- (D) the way the constitution is amended; and\n- (E) another matter prescribed by regulation.\n- (A) the way the chair and directors are appointed and removed; and\n- (B) the way the chair and directors vote on and decide matters; and\n- (C) the remuneration and other entitlements of the chair and directors; and\n- (D) the way the constitution is amended; and\n- (E) another matter prescribed by regulation.\n- (a) a chair who is— (i) a director; and (ii) independent of the beverage industry; and (iii) approved by the Minister;\n- (i) a director; and\n- (ii) independent of the beverage industry; and\n- (iii) approved by the Minister;\n- (b) at least 1 director who is an executive officer, employee or business associate of a small beverage manufacturer or an association that represents small beverage manufacturers;\n- (c) at least 1 director who is an executive officer, employee or business associate of a large beverage manufacturer;\n- (d) at least 1 director who— (i) represents the interests of the community; and (ii) is independent of the beverage industry; and (iii) is approved by the Minister;\n- (i) represents the interests of the community; and\n- (ii) is independent of the beverage industry; and\n- (iii) is approved by the Minister;\n- (e) at least 2 other directors who— (i) have legal or financial qualifications and experience; and (ii) are independent of the beverage industry.\n- (i) have legal or financial qualifications and experience; and\n- (ii) are independent of the beverage industry.\n- (i) a director; and\n- (ii) independent of the beverage industry; and\n- (iii) approved by the Minister;\n- (i) represents the interests of the community; and\n- (ii) is independent of the beverage industry; and\n- (iii) is approved by the Minister;\n- (i) have legal or financial qualifications and experience; and\n- (ii) are independent of the beverage industry.","sortOrder":258},{"sectionNumber":"sec.102C","sectionType":"section","heading":"Powers","content":"### sec.102C Powers\n\nThe Organisation has the powers necessary for performing its functions.\nSee section 99J for the Organisation’s functions.\ns 102C ins 2017 No. 31 s 5","sortOrder":259},{"sectionNumber":"ch.4-pt.5-div.2","sectionType":"division","heading":"Application for appointment","content":"## Application for appointment","sortOrder":260},{"sectionNumber":"sec.102D","sectionType":"section","heading":"Minister may invite application for appointment","content":"### sec.102D Minister may invite application for appointment\n\nThe Minister may invite an eligible company to apply for appointment as the Product Responsibility Organisation for the container refund scheme.\nThe invitation may state—\noutcomes to be met by the Organisation in a stated period after appointment—\nrelating to the Organisation’s functions; and\nrelating to administering the scheme in a way that provides opportunities for social enterprise, innovation and the development of technology; and\nother requirements for the application.\ns 102D ins 2017 No. 31 s 5\n(sec.102D-ssec.1) The Minister may invite an eligible company to apply for appointment as the Product Responsibility Organisation for the container refund scheme.\n(sec.102D-ssec.2) The invitation may state— outcomes to be met by the Organisation in a stated period after appointment— relating to the Organisation’s functions; and relating to administering the scheme in a way that provides opportunities for social enterprise, innovation and the development of technology; and other requirements for the application.\n- (a) outcomes to be met by the Organisation in a stated period after appointment— (i) relating to the Organisation’s functions; and (ii) relating to administering the scheme in a way that provides opportunities for social enterprise, innovation and the development of technology; and\n- (i) relating to the Organisation’s functions; and\n- (ii) relating to administering the scheme in a way that provides opportunities for social enterprise, innovation and the development of technology; and\n- (b) other requirements for the application.\n- (i) relating to the Organisation’s functions; and\n- (ii) relating to administering the scheme in a way that provides opportunities for social enterprise, innovation and the development of technology; and","sortOrder":261},{"sectionNumber":"sec.102E","sectionType":"section","heading":"Application","content":"### sec.102E Application\n\nAfter receiving the invitation, the eligible company (the applicant ) may apply for appointment as the Product Responsibility Organisation.\ns 102E ins 2017 No. 31 s 5","sortOrder":262},{"sectionNumber":"sec.102F","sectionType":"section","heading":"Requirements for application","content":"### sec.102F Requirements for application\n\nThe application must—\nbe in writing; and\ninclude details of the applicant’s plans for the following matters—\nestablishing and administering the scheme generally, including the estimated costs of establishing and administering the scheme;\nentering into container recovery agreements with manufacturers of beverage products, including—\nthe proposed amounts to be paid by the manufacturers under the agreements to contribute to costs of the administration of the scheme; and\na proposed timeframe for entering the agreements;\nestablishing a network of container refund points;\nentering into container collection agreements with the operators of container refund points, including—\na process for choosing persons with whom to enter into container collection agreements; and\nproposed arrangements for ensuring container refund points are accessible to the public, including proposed locations and operating times; and\nthe proposed amounts to be paid to operators under the agreements for handling, sorting and transporting containers for recycling; and\na proposed timeframe for entering the agreements;\nachieving any outcomes stated in the Minister’s invitation;\nsetting the amounts payable under the scheme mentioned in section 99J (2) (d) ; and\ncomply with any other requirements stated in the Minister’s invitation.\nThe application must be accompanied by the following—\na copy of the applicant’s constitution;\nevidence establishing the applicant is an eligible company and each of its executive officers is an eligible individual;\na draft strategic plan and operational plan for establishing and administering the scheme;\ndraft terms of a container recovery agreement, container collection agreement and material recovery agreement;\na draft framework for resolving disputes between the applicant, manufacturers of beverage products, the operators of container refund points and the operators of material recovery facilities;\ndraft policies for handling commercial or sensitive information about the beverage market;\nthe signed consent of each person who the applicant considers is an executive officer or business associate of the applicant to—\nthe collection of personal or background information about the person by the chief executive; and\na criminal history check.\ns 102F ins 2017 No. 31 s 5\n(sec.102F-ssec.1) The application must— be in writing; and include details of the applicant’s plans for the following matters— establishing and administering the scheme generally, including the estimated costs of establishing and administering the scheme; entering into container recovery agreements with manufacturers of beverage products, including— the proposed amounts to be paid by the manufacturers under the agreements to contribute to costs of the administration of the scheme; and a proposed timeframe for entering the agreements; establishing a network of container refund points; entering into container collection agreements with the operators of container refund points, including— a process for choosing persons with whom to enter into container collection agreements; and proposed arrangements for ensuring container refund points are accessible to the public, including proposed locations and operating times; and the proposed amounts to be paid to operators under the agreements for handling, sorting and transporting containers for recycling; and a proposed timeframe for entering the agreements; achieving any outcomes stated in the Minister’s invitation; setting the amounts payable under the scheme mentioned in section 99J (2) (d) ; and comply with any other requirements stated in the Minister’s invitation.\n(sec.102F-ssec.2) The application must be accompanied by the following— a copy of the applicant’s constitution; evidence establishing the applicant is an eligible company and each of its executive officers is an eligible individual; a draft strategic plan and operational plan for establishing and administering the scheme; draft terms of a container recovery agreement, container collection agreement and material recovery agreement; a draft framework for resolving disputes between the applicant, manufacturers of beverage products, the operators of container refund points and the operators of material recovery facilities; draft policies for handling commercial or sensitive information about the beverage market; the signed consent of each person who the applicant considers is an executive officer or business associate of the applicant to— the collection of personal or background information about the person by the chief executive; and a criminal history check.\n- (a) be in writing; and\n- (b) include details of the applicant’s plans for the following matters— (i) establishing and administering the scheme generally, including the estimated costs of establishing and administering the scheme; (ii) entering into container recovery agreements with manufacturers of beverage products, including— (A) the proposed amounts to be paid by the manufacturers under the agreements to contribute to costs of the administration of the scheme; and (B) a proposed timeframe for entering the agreements; (iii) establishing a network of container refund points; (iv) entering into container collection agreements with the operators of container refund points, including— (A) a process for choosing persons with whom to enter into container collection agreements; and (B) proposed arrangements for ensuring container refund points are accessible to the public, including proposed locations and operating times; and (C) the proposed amounts to be paid to operators under the agreements for handling, sorting and transporting containers for recycling; and (D) a proposed timeframe for entering the agreements; (v) achieving any outcomes stated in the Minister’s invitation; (vi) setting the amounts payable under the scheme mentioned in section 99J (2) (d) ; and\n- (i) establishing and administering the scheme generally, including the estimated costs of establishing and administering the scheme;\n- (ii) entering into container recovery agreements with manufacturers of beverage products, including— (A) the proposed amounts to be paid by the manufacturers under the agreements to contribute to costs of the administration of the scheme; and (B) a proposed timeframe for entering the agreements;\n- (A) the proposed amounts to be paid by the manufacturers under the agreements to contribute to costs of the administration of the scheme; and\n- (B) a proposed timeframe for entering the agreements;\n- (iii) establishing a network of container refund points;\n- (iv) entering into container collection agreements with the operators of container refund points, including— (A) a process for choosing persons with whom to enter into container collection agreements; and (B) proposed arrangements for ensuring container refund points are accessible to the public, including proposed locations and operating times; and (C) the proposed amounts to be paid to operators under the agreements for handling, sorting and transporting containers for recycling; and (D) a proposed timeframe for entering the agreements;\n- (A) a process for choosing persons with whom to enter into container collection agreements; and\n- (B) proposed arrangements for ensuring container refund points are accessible to the public, including proposed locations and operating times; and\n- (C) the proposed amounts to be paid to operators under the agreements for handling, sorting and transporting containers for recycling; and\n- (D) a proposed timeframe for entering the agreements;\n- (v) achieving any outcomes stated in the Minister’s invitation;\n- (vi) setting the amounts payable under the scheme mentioned in section 99J (2) (d) ; and\n- (c) comply with any other requirements stated in the Minister’s invitation.\n- (i) establishing and administering the scheme generally, including the estimated costs of establishing and administering the scheme;\n- (ii) entering into container recovery agreements with manufacturers of beverage products, including— (A) the proposed amounts to be paid by the manufacturers under the agreements to contribute to costs of the administration of the scheme; and (B) a proposed timeframe for entering the agreements;\n- (A) the proposed amounts to be paid by the manufacturers under the agreements to contribute to costs of the administration of the scheme; and\n- (B) a proposed timeframe for entering the agreements;\n- (iii) establishing a network of container refund points;\n- (iv) entering into container collection agreements with the operators of container refund points, including— (A) a process for choosing persons with whom to enter into container collection agreements; and (B) proposed arrangements for ensuring container refund points are accessible to the public, including proposed locations and operating times; and (C) the proposed amounts to be paid to operators under the agreements for handling, sorting and transporting containers for recycling; and (D) a proposed timeframe for entering the agreements;\n- (A) a process for choosing persons with whom to enter into container collection agreements; and\n- (B) proposed arrangements for ensuring container refund points are accessible to the public, including proposed locations and operating times; and\n- (C) the proposed amounts to be paid to operators under the agreements for handling, sorting and transporting containers for recycling; and\n- (D) a proposed timeframe for entering the agreements;\n- (v) achieving any outcomes stated in the Minister’s invitation;\n- (vi) setting the amounts payable under the scheme mentioned in section 99J (2) (d) ; and\n- (A) the proposed amounts to be paid by the manufacturers under the agreements to contribute to costs of the administration of the scheme; and\n- (B) a proposed timeframe for entering the agreements;\n- (A) a process for choosing persons with whom to enter into container collection agreements; and\n- (B) proposed arrangements for ensuring container refund points are accessible to the public, including proposed locations and operating times; and\n- (C) the proposed amounts to be paid to operators under the agreements for handling, sorting and transporting containers for recycling; and\n- (D) a proposed timeframe for entering the agreements;\n- (a) a copy of the applicant’s constitution;\n- (b) evidence establishing the applicant is an eligible company and each of its executive officers is an eligible individual;\n- (c) a draft strategic plan and operational plan for establishing and administering the scheme;\n- (d) draft terms of a container recovery agreement, container collection agreement and material recovery agreement;\n- (e) a draft framework for resolving disputes between the applicant, manufacturers of beverage products, the operators of container refund points and the operators of material recovery facilities;\n- (f) draft policies for handling commercial or sensitive information about the beverage market;\n- (g) the signed consent of each person who the applicant considers is an executive officer or business associate of the applicant to— (i) the collection of personal or background information about the person by the chief executive; and (ii) a criminal history check.\n- (i) the collection of personal or background information about the person by the chief executive; and\n- (ii) a criminal history check.\n- (i) the collection of personal or background information about the person by the chief executive; and\n- (ii) a criminal history check.","sortOrder":263},{"sectionNumber":"sec.102G","sectionType":"section","heading":"Referral of application to chief executive for assessment","content":"### sec.102G Referral of application to chief executive for assessment\n\nAfter receiving the application, the Minister must refer the application to the chief executive for assessment.\ns 102G ins 2017 No. 31 s 5","sortOrder":264},{"sectionNumber":"sec.102H","sectionType":"section","heading":"Withdrawing or amending application","content":"### sec.102H Withdrawing or amending application\n\nThe applicant may, at any time—\nwithdraw the application; or\namend the application with the agreement of the Minister.\ns 102H ins 2017 No. 31 s 5\n- (a) withdraw the application; or\n- (b) amend the application with the agreement of the Minister.","sortOrder":265},{"sectionNumber":"sec.102I","sectionType":"section","heading":"Chief executive assesses application","content":"### sec.102I Chief executive assesses application\n\nThe chief executive must—\nassess whether the applicant is suitable for appointment as the Product Responsibility Organisation; and\ngive the Minister a report about the applicant’s suitability.\ns 102I ins 2017 No. 31 s 5\n- (a) assess whether the applicant is suitable for appointment as the Product Responsibility Organisation; and\n- (b) give the Minister a report about the applicant’s suitability.","sortOrder":266},{"sectionNumber":"sec.102J","sectionType":"section","heading":"Particular matters for assessing application","content":"### sec.102J Particular matters for assessing application\n\nIn assessing whether the applicant is suitable for appointment as the Organisation, the chief executive must consider and, if necessary, investigate the following—\nthe application;\nthe documents and evidence mentioned in section 102F (2) that accompanied the application;\nthe applicant’s business reputation, current financial position and financial background;\nthe suitability of each executive officer and business associate to be associated with the applicant as the Organisation;\nwhether, collectively, the executive officers have the skills, knowledge and experience required for the applicant to perform the functions of the Organisation effectively and efficiently.\nIn assessing the suitability of an executive officer or business associate of the applicant, the chief executive must consider and, if necessary, investigate the person’s—\ncharacter or business reputation; and\nrelevant skills, knowledge and experience; and\ncurrent financial position and financial background.\ns 102J ins 2017 No. 31 s 5\n(sec.102J-ssec.1) In assessing whether the applicant is suitable for appointment as the Organisation, the chief executive must consider and, if necessary, investigate the following— the application; the documents and evidence mentioned in section 102F (2) that accompanied the application; the applicant’s business reputation, current financial position and financial background; the suitability of each executive officer and business associate to be associated with the applicant as the Organisation; whether, collectively, the executive officers have the skills, knowledge and experience required for the applicant to perform the functions of the Organisation effectively and efficiently.\n(sec.102J-ssec.2) In assessing the suitability of an executive officer or business associate of the applicant, the chief executive must consider and, if necessary, investigate the person’s— character or business reputation; and relevant skills, knowledge and experience; and current financial position and financial background.\n- (a) the application;\n- (b) the documents and evidence mentioned in section 102F (2) that accompanied the application;\n- (c) the applicant’s business reputation, current financial position and financial background;\n- (d) the suitability of each executive officer and business associate to be associated with the applicant as the Organisation;\n- (e) whether, collectively, the executive officers have the skills, knowledge and experience required for the applicant to perform the functions of the Organisation effectively and efficiently.\n- (a) character or business reputation; and\n- (b) relevant skills, knowledge and experience; and\n- (c) current financial position and financial background.","sortOrder":267},{"sectionNumber":"sec.102K","sectionType":"section","heading":"Chief executive may require further information or documents","content":"### sec.102K Chief executive may require further information or documents\n\nThe chief executive may, by notice, require the applicant to give the chief executive further information or a document reasonably required to decide the application.\nWhen making the requirement, the chief executive must warn the applicant the application will not be considered further until the requirement is complied with.\ns 102K ins 2017 No. 31 s 5\n(sec.102K-ssec.1) The chief executive may, by notice, require the applicant to give the chief executive further information or a document reasonably required to decide the application.\n(sec.102K-ssec.2) When making the requirement, the chief executive must warn the applicant the application will not be considered further until the requirement is complied with.","sortOrder":268},{"sectionNumber":"sec.102L","sectionType":"section","heading":"Minister decides application","content":"### sec.102L Minister decides application\n\nAfter receiving the chief executive’s report about the applicant’s suitability, the Minister must—\nconsider the application and report; and\ndecide to—\nappoint the applicant as the Product Responsibility Organisation and impose the conditions on the appointment the Minister considers necessary or desirable; or\nrefuse the application.\nThe Minister must not decide to appoint the applicant unless the Minister is satisfied—\nthe applicant has satisfactory plans about the matters mentioned in section 102F (1) (b) ; and\ncollectively, the executive officers have the skills, knowledge and experience required for the applicant to perform the functions of the Organisation effectively and efficiently.\ns 102L ins 2017 No. 31 s 5\n(sec.102L-ssec.1) After receiving the chief executive’s report about the applicant’s suitability, the Minister must— consider the application and report; and decide to— appoint the applicant as the Product Responsibility Organisation and impose the conditions on the appointment the Minister considers necessary or desirable; or refuse the application.\n(sec.102L-ssec.2) The Minister must not decide to appoint the applicant unless the Minister is satisfied— the applicant has satisfactory plans about the matters mentioned in section 102F (1) (b) ; and collectively, the executive officers have the skills, knowledge and experience required for the applicant to perform the functions of the Organisation effectively and efficiently.\n- (a) consider the application and report; and\n- (b) decide to— (i) appoint the applicant as the Product Responsibility Organisation and impose the conditions on the appointment the Minister considers necessary or desirable; or (ii) refuse the application.\n- (i) appoint the applicant as the Product Responsibility Organisation and impose the conditions on the appointment the Minister considers necessary or desirable; or\n- (ii) refuse the application.\n- (i) appoint the applicant as the Product Responsibility Organisation and impose the conditions on the appointment the Minister considers necessary or desirable; or\n- (ii) refuse the application.\n- (a) the applicant has satisfactory plans about the matters mentioned in section 102F (1) (b) ; and\n- (b) collectively, the executive officers have the skills, knowledge and experience required for the applicant to perform the functions of the Organisation effectively and efficiently.","sortOrder":269},{"sectionNumber":"sec.102M","sectionType":"section","heading":"Decision to make appointment","content":"### sec.102M Decision to make appointment\n\nIf the Minister decides to appoint the applicant as the Product Responsibility Organisation, the Minister must, as soon as practicable after making the decision, give the applicant a notice about the decision.\nThe notice must—\nstate the applicant is appointed as the Product Responsibility Organisation; and\nstate when the appointment takes effect; and\nstate any conditions imposed on the appointment; and\nif the appointment is subject to conditions—be an information notice for the decision.\ns 102M ins 2017 No. 31 s 5\n(sec.102M-ssec.1) If the Minister decides to appoint the applicant as the Product Responsibility Organisation, the Minister must, as soon as practicable after making the decision, give the applicant a notice about the decision.\n(sec.102M-ssec.2) The notice must— state the applicant is appointed as the Product Responsibility Organisation; and state when the appointment takes effect; and state any conditions imposed on the appointment; and if the appointment is subject to conditions—be an information notice for the decision.\n- (a) state the applicant is appointed as the Product Responsibility Organisation; and\n- (b) state when the appointment takes effect; and\n- (c) state any conditions imposed on the appointment; and\n- (d) if the appointment is subject to conditions—be an information notice for the decision.","sortOrder":270},{"sectionNumber":"sec.102N","sectionType":"section","heading":"Refusal of application","content":"### sec.102N Refusal of application\n\nIf the Minister decides to refuse the application, the Minister must give the applicant an information notice for the decision within 10 business days after making the decision.\ns 102N ins 2017 No. 31 s 5","sortOrder":271},{"sectionNumber":"sec.102O","sectionType":"section","heading":"Appointment continues in force","content":"### sec.102O Appointment continues in force\n\nThe appointment of a company as the Organisation continues in force until the appointment is cancelled.\nHowever, if the appointment is suspended, the appointment does not have effect during the period of the suspension.\ns 102O ins 2017 No. 31 s 5\n(sec.102O-ssec.1) The appointment of a company as the Organisation continues in force until the appointment is cancelled.\n(sec.102O-ssec.2) However, if the appointment is suspended, the appointment does not have effect during the period of the suspension.","sortOrder":272},{"sectionNumber":"ch.4-pt.5-div.3","sectionType":"division","heading":"Application to amend appointment","content":"## Application to amend appointment","sortOrder":273},{"sectionNumber":"sec.102P","sectionType":"section","heading":"Applying to amend appointment","content":"### sec.102P Applying to amend appointment\n\nThe company appointed as the Organisation may apply to the Minister to amend the appointment, including a condition of the appointment (an amendment application ).\nThe Minister must refer an amendment application to the chief executive for assessment.\ns 102P ins 2017 No. 31 s 5\n(sec.102P-ssec.1) The company appointed as the Organisation may apply to the Minister to amend the appointment, including a condition of the appointment (an amendment application ).\n(sec.102P-ssec.2) The Minister must refer an amendment application to the chief executive for assessment.","sortOrder":274},{"sectionNumber":"sec.102Q","sectionType":"section","heading":"Assessing application","content":"### sec.102Q Assessing application\n\nThe chief executive must—\nassess the amendment application; and\ngive the Minister a report about the amendment application.\nSections 102J and 102K apply—\nfor the purpose of the chief executive assessing the amendment application; and\nas though a reference in those sections to the application is a reference to the amendment application.\ns 102Q ins 2017 No. 31 s 5\n(sec.102Q-ssec.1) The chief executive must— assess the amendment application; and give the Minister a report about the amendment application.\n(sec.102Q-ssec.2) Sections 102J and 102K apply— for the purpose of the chief executive assessing the amendment application; and as though a reference in those sections to the application is a reference to the amendment application.\n- (a) assess the amendment application; and\n- (b) give the Minister a report about the amendment application.\n- (a) for the purpose of the chief executive assessing the amendment application; and\n- (b) as though a reference in those sections to the application is a reference to the amendment application.","sortOrder":275},{"sectionNumber":"sec.102R","sectionType":"section","heading":"Deciding amendment application","content":"### sec.102R Deciding amendment application\n\nThis section applies after the Minister is given a report about the chief executive’s assessment of an amendment application under section 102Q .\nThe Minister must—\nconsider the amendment application and report about the chief executive’s assessment of the amendment application; and\ndecide to—\ngrant the application; or\nif the Minister decides to grant the application—impose or amend the conditions on the appointment the Minister considers are necessary or desirable; or\nrefuse the application.\ns 102R ins 2017 No. 31 s 5\n(sec.102R-ssec.1) This section applies after the Minister is given a report about the chief executive’s assessment of an amendment application under section 102Q .\n(sec.102R-ssec.2) The Minister must— consider the amendment application and report about the chief executive’s assessment of the amendment application; and decide to— grant the application; or if the Minister decides to grant the application—impose or amend the conditions on the appointment the Minister considers are necessary or desirable; or refuse the application.\n- (a) consider the amendment application and report about the chief executive’s assessment of the amendment application; and\n- (b) decide to— (i) grant the application; or (ii) if the Minister decides to grant the application—impose or amend the conditions on the appointment the Minister considers are necessary or desirable; or (iii) refuse the application.\n- (i) grant the application; or\n- (ii) if the Minister decides to grant the application—impose or amend the conditions on the appointment the Minister considers are necessary or desirable; or\n- (iii) refuse the application.\n- (i) grant the application; or\n- (ii) if the Minister decides to grant the application—impose or amend the conditions on the appointment the Minister considers are necessary or desirable; or\n- (iii) refuse the application.","sortOrder":276},{"sectionNumber":"sec.102S","sectionType":"section","heading":"Decision to amend appointment","content":"### sec.102S Decision to amend appointment\n\nIf the Minister decides to grant the company’s amendment application, the Minister must give the company a notice about the decision.\nThe notice must be given as soon as practicable after the decision is made and state—\nhow the appointment is amended; and\nany new conditions imposed on the appointment; and\nany existing conditions amended for the appointment; and\nwhen the amendment takes effect.\nIf the Minister imposes or amends any conditions on the appointment, the notice must also be an information notice for the decision to amend or impose the conditions.\ns 102S ins 2017 No. 31 s 5\n(sec.102S-ssec.1) If the Minister decides to grant the company’s amendment application, the Minister must give the company a notice about the decision.\n(sec.102S-ssec.2) The notice must be given as soon as practicable after the decision is made and state— how the appointment is amended; and any new conditions imposed on the appointment; and any existing conditions amended for the appointment; and when the amendment takes effect.\n(sec.102S-ssec.3) If the Minister imposes or amends any conditions on the appointment, the notice must also be an information notice for the decision to amend or impose the conditions.\n- (a) how the appointment is amended; and\n- (b) any new conditions imposed on the appointment; and\n- (c) any existing conditions amended for the appointment; and\n- (d) when the amendment takes effect.","sortOrder":277},{"sectionNumber":"sec.102T","sectionType":"section","heading":"Refusal of application","content":"### sec.102T Refusal of application\n\nIf the Minister decides to refuse the amendment application, the Minister must give the company an information notice for the decision within 10 business day of making the decision.\ns 102T ins 2017 No. 31 s 5","sortOrder":278},{"sectionNumber":"ch.4-pt.5-div.4","sectionType":"division","heading":"Amendment, suspension, cancellation and appointment of administrator","content":"## Amendment, suspension, cancellation and appointment of administrator","sortOrder":279},{"sectionNumber":"sec.102U","sectionType":"section","heading":"Minister may amend appointment","content":"### sec.102U Minister may amend appointment\n\nThe Minister may, on the Minister’s own initiative or on the recommendation of the chief executive, amend a company’s appointment as the Organisation.\ns 102U ins 2017 No. 31 s 5","sortOrder":280},{"sectionNumber":"sec.102V","sectionType":"section","heading":"Grounds for suspending or cancelling appointment as Organisation","content":"### sec.102V Grounds for suspending or cancelling appointment as Organisation\n\nEach of the following is a ground to suspend or cancel a company’s appointment as the Organisation—\nthe company is no longer an eligible company;\nan executive officer of the company is no longer an eligible individual;\nthe company is no longer suitable for appointment as the Organisation;\nthe company as the Organisation has contravened a provision of this Act;\nthe company has contravened a condition of its appointment as the Organisation;\nthe company as the Organisation has failed to comply with a direction of the Minister under section 102ZE ;\nthe company as the Organisation has failed to achieve, and is unlikely to achieve, an outcome prescribed under section 102ZF during a particular period;\nthe company as the Organisation has contravened a compliance notice given to the company under chapter 11 ;\nthe company was appointed as the Organisation because of a materially false or misleading representation or declaration.\ns 102V ins 2017 No. 31 s 5\n- (a) the company is no longer an eligible company;\n- (b) an executive officer of the company is no longer an eligible individual;\n- (c) the company is no longer suitable for appointment as the Organisation;\n- (d) the company as the Organisation has contravened a provision of this Act;\n- (e) the company has contravened a condition of its appointment as the Organisation;\n- (f) the company as the Organisation has failed to comply with a direction of the Minister under section 102ZE ;\n- (g) the company as the Organisation has failed to achieve, and is unlikely to achieve, an outcome prescribed under section 102ZF during a particular period;\n- (h) the company as the Organisation has contravened a compliance notice given to the company under chapter 11 ;\n- (i) the company was appointed as the Organisation because of a materially false or misleading representation or declaration.","sortOrder":281},{"sectionNumber":"sec.102W","sectionType":"section","heading":"Immediate suspension","content":"### sec.102W Immediate suspension\n\nThe Minister may suspend the appointment of a company as the Organisation immediately if the Minister reasonably believes—\na ground exists to suspend or cancel the company’s appointment; and\nthe circumstances warrant the immediate suspension of the appointment to ensure—\nthe safety of persons; or\nthe public interest in the scheme is not adversely affected.\nIf the Minister decides to suspend the company’s appointment under subsection (1) , the Minister must give the company—\nan information notice for the decision to suspend the appointment immediately; and\na show cause notice under section 102X .\nThe suspension—\ntakes effect when the notices are given to the company; and\ncontinues until the earliest of the following happens—\nthe Minister ends the suspension;\nthe show cause notice is finally dealt with;\n30 business days after the notices are given to the company.\ns 102W ins 2017 No. 31 s 5\n(sec.102W-ssec.1) The Minister may suspend the appointment of a company as the Organisation immediately if the Minister reasonably believes— a ground exists to suspend or cancel the company’s appointment; and the circumstances warrant the immediate suspension of the appointment to ensure— the safety of persons; or the public interest in the scheme is not adversely affected.\n(sec.102W-ssec.2) If the Minister decides to suspend the company’s appointment under subsection (1) , the Minister must give the company— an information notice for the decision to suspend the appointment immediately; and a show cause notice under section 102X .\n(sec.102W-ssec.3) The suspension— takes effect when the notices are given to the company; and continues until the earliest of the following happens— the Minister ends the suspension; the show cause notice is finally dealt with; 30 business days after the notices are given to the company.\n- (a) a ground exists to suspend or cancel the company’s appointment; and\n- (b) the circumstances warrant the immediate suspension of the appointment to ensure— (i) the safety of persons; or (ii) the public interest in the scheme is not adversely affected.\n- (i) the safety of persons; or\n- (ii) the public interest in the scheme is not adversely affected.\n- (i) the safety of persons; or\n- (ii) the public interest in the scheme is not adversely affected.\n- (a) an information notice for the decision to suspend the appointment immediately; and\n- (b) a show cause notice under section 102X .\n- (a) takes effect when the notices are given to the company; and\n- (b) continues until the earliest of the following happens— (i) the Minister ends the suspension; (ii) the show cause notice is finally dealt with; (iii) 30 business days after the notices are given to the company.\n- (i) the Minister ends the suspension;\n- (ii) the show cause notice is finally dealt with;\n- (iii) 30 business days after the notices are given to the company.\n- (i) the Minister ends the suspension;\n- (ii) the show cause notice is finally dealt with;\n- (iii) 30 business days after the notices are given to the company.","sortOrder":282},{"sectionNumber":"sec.102X","sectionType":"section","heading":"Show cause notice","content":"### sec.102X Show cause notice\n\nThis section applies if the Minister proposes to—\namend the company’s appointment as the Organisation (the proposed action ); or\nsuspend or cancel the company’s appointment as the Organisation (also the proposed action ).\nIf the proposed action is suspension, the proposed action must also include appointing an administrator.\nThe Minister must give a notice (a show cause notice ) about the proposed action to the company.\nThe show cause notice must state the following—\nthe proposed action;\nif the proposed action is an amendment—the proposed amendment;\nif the proposed action is suspension—the period of the suspension;\nthe grounds for the proposed action;\nthe facts and circumstances that form the basis for the grounds;\nthat the company may, within a stated period (the show cause period ), make a written submission to the Minister about why the proposed action should not be taken.\nThe show cause period must end at least 28 days after the company is given the show cause notice.\nThe Minister may ask the chief executive to prepare a report about the submissions made by the company during the show cause period.\ns 102X ins 2017 No. 31 s 5\n(sec.102X-ssec.1) This section applies if the Minister proposes to— amend the company’s appointment as the Organisation (the proposed action ); or suspend or cancel the company’s appointment as the Organisation (also the proposed action ).\n(sec.102X-ssec.2) If the proposed action is suspension, the proposed action must also include appointing an administrator.\n(sec.102X-ssec.3) The Minister must give a notice (a show cause notice ) about the proposed action to the company.\n(sec.102X-ssec.4) The show cause notice must state the following— the proposed action; if the proposed action is an amendment—the proposed amendment; if the proposed action is suspension—the period of the suspension; the grounds for the proposed action; the facts and circumstances that form the basis for the grounds; that the company may, within a stated period (the show cause period ), make a written submission to the Minister about why the proposed action should not be taken.\n(sec.102X-ssec.5) The show cause period must end at least 28 days after the company is given the show cause notice.\n(sec.102X-ssec.6) The Minister may ask the chief executive to prepare a report about the submissions made by the company during the show cause period.\n- (a) amend the company’s appointment as the Organisation (the proposed action ); or\n- (b) suspend or cancel the company’s appointment as the Organisation (also the proposed action ).\n- (a) the proposed action;\n- (b) if the proposed action is an amendment—the proposed amendment;\n- (c) if the proposed action is suspension—the period of the suspension;\n- (d) the grounds for the proposed action;\n- (e) the facts and circumstances that form the basis for the grounds;\n- (f) that the company may, within a stated period (the show cause period ), make a written submission to the Minister about why the proposed action should not be taken.","sortOrder":283},{"sectionNumber":"sec.102Y","sectionType":"section","heading":"Decision about proposed amendment, suspension or cancellation","content":"### sec.102Y Decision about proposed amendment, suspension or cancellation\n\nWithin 20 business days after the end of the period for making submissions stated in the show cause notice, the Minister must decide whether or not to take the proposed action.\nThe Minister may decide—\nif the proposed action was to make a stated amendment—to make the stated amendment; or\nif the proposed action was to suspend the appointment for a stated period—to suspend the appointment for no longer than the stated period; or\nif the proposed action was to cancel the appointment—to suspend the appointment for a period or cancel the appointment.\nHowever, the Minister may extend, on 1 occasion and by no more than 20 business days, the period for making a decision by giving a notice about the extension to the company before the end of the period.\nIn deciding whether or not to take the proposed action, the Minister must consider the following—\nall submissions made by the company during the show cause period;\nif the Minister asked the chief executive to prepare a report about the submissions—the chief executive’s report;\nthe objects of this Act and how they are to be achieved, as stated in chapter 1 , part 2 ;\nanother matter prescribed by regulation.\nIf the Minister decides to take the proposed action, the Minister must, within 10 business days after making the decision, give the company an information notice for the decision.\nThe decision to take the proposed action takes effect on the later of the following days—\nthe day the information notice is given to the company;\na day stated in the information notice.\nIf the Minister decides not to take the proposed action, the Minister must give the company a notice about the decision within 5 business days after making the decision.\ns 102Y ins 2017 No. 31 s 5\n(sec.102Y-ssec.1) Within 20 business days after the end of the period for making submissions stated in the show cause notice, the Minister must decide whether or not to take the proposed action.\n(sec.102Y-ssec.2) The Minister may decide— if the proposed action was to make a stated amendment—to make the stated amendment; or if the proposed action was to suspend the appointment for a stated period—to suspend the appointment for no longer than the stated period; or if the proposed action was to cancel the appointment—to suspend the appointment for a period or cancel the appointment.\n(sec.102Y-ssec.3) However, the Minister may extend, on 1 occasion and by no more than 20 business days, the period for making a decision by giving a notice about the extension to the company before the end of the period.\n(sec.102Y-ssec.4) In deciding whether or not to take the proposed action, the Minister must consider the following— all submissions made by the company during the show cause period; if the Minister asked the chief executive to prepare a report about the submissions—the chief executive’s report; the objects of this Act and how they are to be achieved, as stated in chapter 1 , part 2 ; another matter prescribed by regulation.\n(sec.102Y-ssec.5) If the Minister decides to take the proposed action, the Minister must, within 10 business days after making the decision, give the company an information notice for the decision.\n(sec.102Y-ssec.6) The decision to take the proposed action takes effect on the later of the following days— the day the information notice is given to the company; a day stated in the information notice.\n(sec.102Y-ssec.7) If the Minister decides not to take the proposed action, the Minister must give the company a notice about the decision within 5 business days after making the decision.\n- (a) if the proposed action was to make a stated amendment—to make the stated amendment; or\n- (b) if the proposed action was to suspend the appointment for a stated period—to suspend the appointment for no longer than the stated period; or\n- (c) if the proposed action was to cancel the appointment—to suspend the appointment for a period or cancel the appointment.\n- (a) all submissions made by the company during the show cause period;\n- (b) if the Minister asked the chief executive to prepare a report about the submissions—the chief executive’s report;\n- (c) the objects of this Act and how they are to be achieved, as stated in chapter 1 , part 2 ;\n- (d) another matter prescribed by regulation.\n- (a) the day the information notice is given to the company;\n- (b) a day stated in the information notice.","sortOrder":284},{"sectionNumber":"sec.102Z","sectionType":"section","heading":"Appointment of administrator","content":"### sec.102Z Appointment of administrator\n\nThe Minister may appoint an administrator—\nif the Minister suspends a company’s appointment as the Organisation under section 102Y —for the company as the Organisation; or\nif the Minister cancels a company’s appointment as the Organisation under section 102Y —to perform the functions of the Organisation.\nAn administrator, during the administrator’s term of appointment and to the exclusion of any other person—\nhas the function—\nfor an administrator appointed under subsection (1) (a) —of conducting and managing the affairs of the company as the Organisation; or\nfor an administrator appointed under subsection (1) (b) —of being the Organisation under this Act; and\nhas the other functions stated in the administrator’s notice of appointment; and\nis taken to be the Organisation.\nThe function of the administrator under subsection (2) (a) may be limited by the administrator’s notice of appointment.\ns 102Z ins 2017 No. 31 s 5\n(sec.102Z-ssec.1) The Minister may appoint an administrator— if the Minister suspends a company’s appointment as the Organisation under section 102Y —for the company as the Organisation; or if the Minister cancels a company’s appointment as the Organisation under section 102Y —to perform the functions of the Organisation.\n(sec.102Z-ssec.2) An administrator, during the administrator’s term of appointment and to the exclusion of any other person— has the function— for an administrator appointed under subsection (1) (a) —of conducting and managing the affairs of the company as the Organisation; or for an administrator appointed under subsection (1) (b) —of being the Organisation under this Act; and has the other functions stated in the administrator’s notice of appointment; and is taken to be the Organisation.\n(sec.102Z-ssec.3) The function of the administrator under subsection (2) (a) may be limited by the administrator’s notice of appointment.\n- (a) if the Minister suspends a company’s appointment as the Organisation under section 102Y —for the company as the Organisation; or\n- (b) if the Minister cancels a company’s appointment as the Organisation under section 102Y —to perform the functions of the Organisation.\n- (a) has the function— (i) for an administrator appointed under subsection (1) (a) —of conducting and managing the affairs of the company as the Organisation; or (ii) for an administrator appointed under subsection (1) (b) —of being the Organisation under this Act; and\n- (i) for an administrator appointed under subsection (1) (a) —of conducting and managing the affairs of the company as the Organisation; or\n- (ii) for an administrator appointed under subsection (1) (b) —of being the Organisation under this Act; and\n- (b) has the other functions stated in the administrator’s notice of appointment; and\n- (c) is taken to be the Organisation.\n- (i) for an administrator appointed under subsection (1) (a) —of conducting and managing the affairs of the company as the Organisation; or\n- (ii) for an administrator appointed under subsection (1) (b) —of being the Organisation under this Act; and","sortOrder":285},{"sectionNumber":"sec.102ZA","sectionType":"section","heading":"Powers","content":"### sec.102ZA Powers\n\nAn administrator may do anything necessary or convenient to be done for, or in connection with, the administrator’s functions.\ns 102ZA ins 2017 No. 31 s 5","sortOrder":286},{"sectionNumber":"sec.102ZB","sectionType":"section","heading":"Providing assistance","content":"### sec.102ZB Providing assistance\n\nAn administrator appointed under section 102Z may, for performing the administrator’s functions, by a notice given to an officer or employee or former officer or employee of the company, require the person to—\nproduce documents in the person’s possession that the administrator reasonably requires to perform the functions; or\nprovide the other information or assistance the administrator reasonably requires to perform the functions.\nA person of whom a requirement has been made under subsection (1) must comply with it unless the person has a reasonable excuse.\nMaximum penalty—100 penalty units.\nIt is a reasonable excuse for an individual not to comply with the requirement if doing so might tend to incriminate the individual.\nIn this section—\nthe company means—\nif the administrator is appointed under section 102Z (1) (a) —the company whose appointment as the Organisation is suspended; or\nif the administrator is appointed under section 102Z (1) (b) —the company that was appointed as the Organisation most recently before the administrator was appointed.\ns 102ZB ins 2017 No. 31 s 5\n(sec.102ZB-ssec.1) An administrator appointed under section 102Z may, for performing the administrator’s functions, by a notice given to an officer or employee or former officer or employee of the company, require the person to— produce documents in the person’s possession that the administrator reasonably requires to perform the functions; or provide the other information or assistance the administrator reasonably requires to perform the functions.\n(sec.102ZB-ssec.2) A person of whom a requirement has been made under subsection (1) must comply with it unless the person has a reasonable excuse. Maximum penalty—100 penalty units.\n(sec.102ZB-ssec.3) It is a reasonable excuse for an individual not to comply with the requirement if doing so might tend to incriminate the individual.\n(sec.102ZB-ssec.4) In this section— the company means— if the administrator is appointed under section 102Z (1) (a) —the company whose appointment as the Organisation is suspended; or if the administrator is appointed under section 102Z (1) (b) —the company that was appointed as the Organisation most recently before the administrator was appointed.\n- (a) produce documents in the person’s possession that the administrator reasonably requires to perform the functions; or\n- (b) provide the other information or assistance the administrator reasonably requires to perform the functions.\n- (a) if the administrator is appointed under section 102Z (1) (a) —the company whose appointment as the Organisation is suspended; or\n- (b) if the administrator is appointed under section 102Z (1) (b) —the company that was appointed as the Organisation most recently before the administrator was appointed.","sortOrder":287},{"sectionNumber":"sec.102ZC","sectionType":"section","heading":"Remuneration and costs","content":"### sec.102ZC Remuneration and costs\n\nIf a person appointed as administrator is not a public service employee, the person is entitled to be paid the remuneration decided by the chief executive.\nThe costs of and incidental to the performance of the functions of the administrator are payable by the company.\nIn this section—\nthe company see section 102ZB (4) .\ns 102ZC ins 2017 No. 31 s 5\n(sec.102ZC-ssec.1) If a person appointed as administrator is not a public service employee, the person is entitled to be paid the remuneration decided by the chief executive.\n(sec.102ZC-ssec.2) The costs of and incidental to the performance of the functions of the administrator are payable by the company.\n(sec.102ZC-ssec.3) In this section— the company see section 102ZB (4) .","sortOrder":288},{"sectionNumber":"sec.102ZD","sectionType":"section","heading":"Minor amendment","content":"### sec.102ZD Minor amendment\n\nThe Minister may make a minor amendment of a company’s appointment as the Organisation by giving a notice about the amendment to the company.\nThis section applies despite subdivision 2 .\nIn this section—\nminor amendment , of a company’s appointment as the Organisation, means an amendment of the appointment—\nto correct a minor or formal error in the appointment; or\nto make another change that is not a change of substance and does not adversely affect the company.\ns 102ZD ins 2017 No. 31 s 5\n(sec.102ZD-ssec.1) The Minister may make a minor amendment of a company’s appointment as the Organisation by giving a notice about the amendment to the company.\n(sec.102ZD-ssec.2) This section applies despite subdivision 2 .\n(sec.102ZD-ssec.3) In this section— minor amendment , of a company’s appointment as the Organisation, means an amendment of the appointment— to correct a minor or formal error in the appointment; or to make another change that is not a change of substance and does not adversely affect the company.\n- (a) to correct a minor or formal error in the appointment; or\n- (b) to make another change that is not a change of substance and does not adversely affect the company.","sortOrder":289},{"sectionNumber":"ch.4-pt.5-div.5","sectionType":"division","heading":"Accountability, planning and reporting","content":"## Accountability, planning and reporting","sortOrder":290},{"sectionNumber":"sec.102ZE","sectionType":"section","heading":"Ministerial directions","content":"### sec.102ZE Ministerial directions\n\nThe Minister may give the Organisation a written direction about the performance of its functions or the exercise of its powers.\nThe Organisation must comply with the direction.\nFailure to comply with the direction is not an offence but may be a ground for suspending or cancelling a company’s appointment as the Organisation. See section 102V .\nThe Organisation must include in its annual report for a financial year prepared under section 102ZJ details of—\neach direction given by the Minister under this section in the year; and\naction taken by the Organisation in the year because of the direction.\ns 102ZE ins 2017 No. 31 s 5\n(sec.102ZE-ssec.1) The Minister may give the Organisation a written direction about the performance of its functions or the exercise of its powers.\n(sec.102ZE-ssec.2) The Organisation must comply with the direction. Failure to comply with the direction is not an offence but may be a ground for suspending or cancelling a company’s appointment as the Organisation. See section 102V .\n(sec.102ZE-ssec.3) The Organisation must include in its annual report for a financial year prepared under section 102ZJ details of— each direction given by the Minister under this section in the year; and action taken by the Organisation in the year because of the direction.\n- (a) each direction given by the Minister under this section in the year; and\n- (b) action taken by the Organisation in the year because of the direction.","sortOrder":291},{"sectionNumber":"sec.102ZF","sectionType":"section","heading":"Regulation may prescribe outcomes to be achieved","content":"### sec.102ZF Regulation may prescribe outcomes to be achieved\n\nA regulation may prescribe outcomes to be achieved by the Organisation, during a period stated in the regulation, relating to—\nthe Organisation’s functions, including, for example, outcomes relating to—\nthe recovery and recycling of containers under the scheme; or\nthe accessibility of container refund points to members of the public; or\nadministering the scheme in a way that provides opportunities for social enterprise, innovation and the development of technology.\nThe Organisation must use its best endeavours to achieve an outcome prescribed under subsection (1) .\nFailure to use best endeavours to achieve an outcome is not an offence but may be a ground for suspending or cancelling a company’s appointment as the Organisation. See section 102V .\ns 102ZF ins 2017 No. 31 s 5\n(sec.102ZF-ssec.1) A regulation may prescribe outcomes to be achieved by the Organisation, during a period stated in the regulation, relating to— the Organisation’s functions, including, for example, outcomes relating to— the recovery and recycling of containers under the scheme; or the accessibility of container refund points to members of the public; or administering the scheme in a way that provides opportunities for social enterprise, innovation and the development of technology.\n(sec.102ZF-ssec.2) The Organisation must use its best endeavours to achieve an outcome prescribed under subsection (1) . Failure to use best endeavours to achieve an outcome is not an offence but may be a ground for suspending or cancelling a company’s appointment as the Organisation. See section 102V .\n- (a) the Organisation’s functions, including, for example, outcomes relating to— (i) the recovery and recycling of containers under the scheme; or (ii) the accessibility of container refund points to members of the public; or\n- (i) the recovery and recycling of containers under the scheme; or\n- (ii) the accessibility of container refund points to members of the public; or\n- (b) administering the scheme in a way that provides opportunities for social enterprise, innovation and the development of technology.\n- (i) the recovery and recycling of containers under the scheme; or\n- (ii) the accessibility of container refund points to members of the public; or","sortOrder":292},{"sectionNumber":"sec.102ZG","sectionType":"section","heading":"Annual budget, strategic plan and operational plan","content":"### sec.102ZG Annual budget, strategic plan and operational plan\n\nBefore 31 March each year, the Organisation must prepare, in the way prescribed by regulation, and give the Minister the following documents—\na budget of estimated costs of the scheme for the next financial year, including the estimated costs of—\nthe Organisation; and\nrefund amounts to be paid for empty beverage containers under the scheme; and\nthe operation of container refund points, including handling, sorting and transporting empty beverage containers for recycling;\na strategic plan;\nan operational plan.\nDuring a financial year, the Organisation may amend its budget, strategic plan or operational plan for that year.\nThe Organisation must give the amended budget, strategic plan or operational plan to the Minister within 10 business days after making the amendment.\ns 102ZG ins 2017 No. 31 s 5\n(sec.102ZG-ssec.1) Before 31 March each year, the Organisation must prepare, in the way prescribed by regulation, and give the Minister the following documents— a budget of estimated costs of the scheme for the next financial year, including the estimated costs of— the Organisation; and refund amounts to be paid for empty beverage containers under the scheme; and the operation of container refund points, including handling, sorting and transporting empty beverage containers for recycling; a strategic plan; an operational plan.\n(sec.102ZG-ssec.2) During a financial year, the Organisation may amend its budget, strategic plan or operational plan for that year.\n(sec.102ZG-ssec.3) The Organisation must give the amended budget, strategic plan or operational plan to the Minister within 10 business days after making the amendment.\n- (a) a budget of estimated costs of the scheme for the next financial year, including the estimated costs of— (i) the Organisation; and (ii) refund amounts to be paid for empty beverage containers under the scheme; and (iii) the operation of container refund points, including handling, sorting and transporting empty beverage containers for recycling;\n- (i) the Organisation; and\n- (ii) refund amounts to be paid for empty beverage containers under the scheme; and\n- (iii) the operation of container refund points, including handling, sorting and transporting empty beverage containers for recycling;\n- (b) a strategic plan;\n- (c) an operational plan.\n- (i) the Organisation; and\n- (ii) refund amounts to be paid for empty beverage containers under the scheme; and\n- (iii) the operation of container refund points, including handling, sorting and transporting empty beverage containers for recycling;","sortOrder":293},{"sectionNumber":"sec.102ZH","sectionType":"section","heading":"Approval of strategic plan","content":"### sec.102ZH Approval of strategic plan\n\nThe Organisation’s strategic plan has no effect until it has been approved by the Minister.\nThe Minister must approve the strategic plan as soon as practicable after receiving the plan.\nAn amendment to a strategic plan has no effect until it has been approved by—\nfor a minor amendment—the Organisation; or\notherwise—the Minister.\nIn this section—\nminor amendment , of a strategic plan, means an amendment of a minor nature that does not materially change the plan.\ns 102ZH ins 2017 No. 31 s 5\n(sec.102ZH-ssec.1) The Organisation’s strategic plan has no effect until it has been approved by the Minister.\n(sec.102ZH-ssec.2) The Minister must approve the strategic plan as soon as practicable after receiving the plan.\n(sec.102ZH-ssec.3) An amendment to a strategic plan has no effect until it has been approved by— for a minor amendment—the Organisation; or otherwise—the Minister.\n(sec.102ZH-ssec.4) In this section— minor amendment , of a strategic plan, means an amendment of a minor nature that does not materially change the plan.\n- (a) for a minor amendment—the Organisation; or\n- (b) otherwise—the Minister.","sortOrder":294},{"sectionNumber":"sec.102ZI","sectionType":"section","heading":"Quarterly reports","content":"### sec.102ZI Quarterly reports\n\nThe Organisation must give the Minister a report about its operations for each quarter in a financial year.\nThe report for a quarter must be given to the Minister—\nwithin 6 weeks after the end of the quarter; or\nif another period after the end of the quarter is agreed between the Organisation and the Minister—within the agreed period.\nThe report must include the information—\nstated in the Organisation’s strategic plan; or\nprescribed by regulation.\nIn this section—\nquarter , in a financial year, means the following periods in the year—\n1 July to 30 September;\n1 October to 31 December;\n1 January to 31 March;\n1 April to 30 June.\ns 102ZI ins 2017 No. 31 s 5\n(sec.102ZI-ssec.1) The Organisation must give the Minister a report about its operations for each quarter in a financial year.\n(sec.102ZI-ssec.2) The report for a quarter must be given to the Minister— within 6 weeks after the end of the quarter; or if another period after the end of the quarter is agreed between the Organisation and the Minister—within the agreed period.\n(sec.102ZI-ssec.3) The report must include the information— stated in the Organisation’s strategic plan; or prescribed by regulation.\n(sec.102ZI-ssec.4) In this section— quarter , in a financial year, means the following periods in the year— 1 July to 30 September; 1 October to 31 December; 1 January to 31 March; 1 April to 30 June.\n- (a) within 6 weeks after the end of the quarter; or\n- (b) if another period after the end of the quarter is agreed between the Organisation and the Minister—within the agreed period.\n- (a) stated in the Organisation’s strategic plan; or\n- (b) prescribed by regulation.\n- (a) 1 July to 30 September;\n- (b) 1 October to 31 December;\n- (c) 1 January to 31 March;\n- (d) 1 April to 30 June.","sortOrder":295},{"sectionNumber":"sec.102ZJ","sectionType":"section","heading":"Annual report","content":"### sec.102ZJ Annual report\n\nThe Organisation must give the Minister a report about its operations for each financial year.\nAn annual report for a financial year must be given to the Minister by 30 September after the end of the financial year.\nAn annual report for a financial year must include the following—\nannual financial statements for the year that have been audited by a third-party auditor;\ndetails of the Organisation’s achievements during the year of—\nthe objectives in its strategic and operational plans; or\nan outcome prescribed under section 102ZF ;\nthe information—\nstated in the Organisation’s strategic plan; or\nprescribed by regulation.\nIn this section—\nthird-party auditor means a person who—\nis appropriately qualified to audit the Organisation’s annual financial statements; and\nis not an executive officer or business associate of the Organisation.\ns 102ZJ ins 2017 No. 31 s 5\n(sec.102ZJ-ssec.1) The Organisation must give the Minister a report about its operations for each financial year.\n(sec.102ZJ-ssec.2) An annual report for a financial year must be given to the Minister by 30 September after the end of the financial year.\n(sec.102ZJ-ssec.3) An annual report for a financial year must include the following— annual financial statements for the year that have been audited by a third-party auditor; details of the Organisation’s achievements during the year of— the objectives in its strategic and operational plans; or an outcome prescribed under section 102ZF ; the information— stated in the Organisation’s strategic plan; or prescribed by regulation.\n(sec.102ZJ-ssec.4) In this section— third-party auditor means a person who— is appropriately qualified to audit the Organisation’s annual financial statements; and is not an executive officer or business associate of the Organisation.\n- (a) annual financial statements for the year that have been audited by a third-party auditor;\n- (b) details of the Organisation’s achievements during the year of— (i) the objectives in its strategic and operational plans; or (ii) an outcome prescribed under section 102ZF ;\n- (i) the objectives in its strategic and operational plans; or\n- (ii) an outcome prescribed under section 102ZF ;\n- (c) the information— (i) stated in the Organisation’s strategic plan; or (ii) prescribed by regulation.\n- (i) stated in the Organisation’s strategic plan; or\n- (ii) prescribed by regulation.\n- (i) the objectives in its strategic and operational plans; or\n- (ii) an outcome prescribed under section 102ZF ;\n- (i) stated in the Organisation’s strategic plan; or\n- (ii) prescribed by regulation.\n- (a) is appropriately qualified to audit the Organisation’s annual financial statements; and\n- (b) is not an executive officer or business associate of the Organisation.","sortOrder":296},{"sectionNumber":"sec.102ZK","sectionType":"section","heading":"Organisation must inform Minister","content":"### sec.102ZK Organisation must inform Minister\n\nThe Organisation must immediately inform the Minister about any matter that the Organisation considers may—\nprevent, or significantly affect, its achievement of—\nthe objectives in its strategic and operational plans; or\nan outcome prescribed under section 102ZF ; or\nsignificantly impact on—\nits performance of its functions; or\nits financial position or viability; or\npublic confidence in the integrity of the scheme.\ns 102ZK ins 2017 No. 31 s 5\n- (a) prevent, or significantly affect, its achievement of— (i) the objectives in its strategic and operational plans; or (ii) an outcome prescribed under section 102ZF ; or\n- (i) the objectives in its strategic and operational plans; or\n- (ii) an outcome prescribed under section 102ZF ; or\n- (b) significantly impact on— (i) its performance of its functions; or (ii) its financial position or viability; or (iii) public confidence in the integrity of the scheme.\n- (i) its performance of its functions; or\n- (ii) its financial position or viability; or\n- (iii) public confidence in the integrity of the scheme.\n- (i) the objectives in its strategic and operational plans; or\n- (ii) an outcome prescribed under section 102ZF ; or\n- (i) its performance of its functions; or\n- (ii) its financial position or viability; or\n- (iii) public confidence in the integrity of the scheme.","sortOrder":297},{"sectionNumber":"sec.102ZL","sectionType":"section","heading":"Reporting to chief executive","content":"### sec.102ZL Reporting to chief executive\n\nThe Minister may act under this section for the purpose of monitoring, assessing or reporting on the Organisation’s performance of its functions.\nThe Minister may require the Organisation to report to the chief executive by, for example, giving stated information at stated times to the chief executive.\nThe Organisation must comply with the requirement.\nFailure to comply with the requirement is not an offence but may be a ground for suspending or cancelling a company’s appointment as the Organisation. See section 102V .\ns 102ZL ins 2017 No. 31 s 5\n(sec.102ZL-ssec.1) The Minister may act under this section for the purpose of monitoring, assessing or reporting on the Organisation’s performance of its functions.\n(sec.102ZL-ssec.2) The Minister may require the Organisation to report to the chief executive by, for example, giving stated information at stated times to the chief executive.\n(sec.102ZL-ssec.3) The Organisation must comply with the requirement. Failure to comply with the requirement is not an offence but may be a ground for suspending or cancelling a company’s appointment as the Organisation. See section 102V .","sortOrder":298},{"sectionNumber":"sec.102ZM","sectionType":"section","heading":"Requirement to implement plans in application","content":"### sec.102ZM Requirement to implement plans in application\n\nThe Organisation must implement its plans for the following matters as stated in its application for appointment as the Organisation—\nestablishing and administering the scheme generally;\nentering into container recovery agreements with manufacturers of beverage products;\nestablishing a network of container refund points;\nentering into container collection agreements with the operators of container refund points;\nachieving any outcomes stated in the Minister’s invitation under section 102D ;\nsetting the amounts payable under the scheme mentioned in section 99J (2) (d) .\nThe Organisation must establish and operate a container refund point in a community if—\npersons in the community do not have reasonable access to a container refund point; and\nthe Organisation has not identified another person with whom to enter into a container collection agreement to operate a container refund point in the community.\nThis section applies subject to a condition of the Organisation’s appointment.\nFailure to comply with this section is not an offence but may be a ground for suspending or cancelling a company’s appointment as the Organisation. See section 102V .\ns 102ZM ins 2017 No. 31 s 5\n(sec.102ZM-ssec.1) The Organisation must implement its plans for the following matters as stated in its application for appointment as the Organisation— establishing and administering the scheme generally; entering into container recovery agreements with manufacturers of beverage products; establishing a network of container refund points; entering into container collection agreements with the operators of container refund points; achieving any outcomes stated in the Minister’s invitation under section 102D ; setting the amounts payable under the scheme mentioned in section 99J (2) (d) .\n(sec.102ZM-ssec.2) The Organisation must establish and operate a container refund point in a community if— persons in the community do not have reasonable access to a container refund point; and the Organisation has not identified another person with whom to enter into a container collection agreement to operate a container refund point in the community.\n(sec.102ZM-ssec.3) This section applies subject to a condition of the Organisation’s appointment.\n- (a) establishing and administering the scheme generally;\n- (b) entering into container recovery agreements with manufacturers of beverage products;\n- (c) establishing a network of container refund points;\n- (d) entering into container collection agreements with the operators of container refund points;\n- (e) achieving any outcomes stated in the Minister’s invitation under section 102D ;\n- (f) setting the amounts payable under the scheme mentioned in section 99J (2) (d) .\n- (a) persons in the community do not have reasonable access to a container refund point; and\n- (b) the Organisation has not identified another person with whom to enter into a container collection agreement to operate a container refund point in the community.","sortOrder":299},{"sectionNumber":"sec.102ZN","sectionType":"section","heading":"Status as eligible company","content":"### sec.102ZN Status as eligible company\n\nThe Organisation must, in each year, give the chief executive—\na notice about whether the Organisation is, and has been during the previous year, an eligible company; and\na copy of the Organisation’s constitution.\nThe notice and copy must be given within 10 business days after the day that is the anniversary of the company’s appointment as the Organisation.\ns 102ZN ins 2017 No. 31 s 5\n(sec.102ZN-ssec.1) The Organisation must, in each year, give the chief executive— a notice about whether the Organisation is, and has been during the previous year, an eligible company; and a copy of the Organisation’s constitution.\n(sec.102ZN-ssec.2) The notice and copy must be given within 10 business days after the day that is the anniversary of the company’s appointment as the Organisation.\n- (a) a notice about whether the Organisation is, and has been during the previous year, an eligible company; and\n- (b) a copy of the Organisation’s constitution.","sortOrder":300},{"sectionNumber":"sec.102ZO","sectionType":"section","heading":"Notice of particular events","content":"### sec.102ZO Notice of particular events\n\nIf any of the following events happens, the Organisation must give a notice about the event to the chief executive—\nan event that makes the Organisation no longer an eligible company;\nan event that makes an executive officer or business associate of the Organisation no longer an eligible individual;\nthe appointment or employment of an executive officer of the Organisation ends;\na person is appointed or employed as an executive officer of the Organisation;\na shareholder or member of the Organisation stops being a shareholder or member of the Organisation;\na person becomes a shareholder or member of the Organisation.\nThe notice must be given within 10 business days after the event happens.\nA notice about an event mentioned in subsection (1) (a) must include the Organisation’s plan and timetable for making the Organisation an eligible company.\nA notice about an event mentioned in subsection (1) (d) or (f) must be accompanied by the signed consent of the person who is the subject of the notice to—\nthe collection of personal or background information about the person by the chief executive; and\na criminal history check.\ns 102ZO ins 2017 No. 31 s 5\n(sec.102ZO-ssec.1) If any of the following events happens, the Organisation must give a notice about the event to the chief executive— an event that makes the Organisation no longer an eligible company; an event that makes an executive officer or business associate of the Organisation no longer an eligible individual; the appointment or employment of an executive officer of the Organisation ends; a person is appointed or employed as an executive officer of the Organisation; a shareholder or member of the Organisation stops being a shareholder or member of the Organisation; a person becomes a shareholder or member of the Organisation.\n(sec.102ZO-ssec.2) The notice must be given within 10 business days after the event happens.\n(sec.102ZO-ssec.3) A notice about an event mentioned in subsection (1) (a) must include the Organisation’s plan and timetable for making the Organisation an eligible company.\n(sec.102ZO-ssec.4) A notice about an event mentioned in subsection (1) (d) or (f) must be accompanied by the signed consent of the person who is the subject of the notice to— the collection of personal or background information about the person by the chief executive; and a criminal history check.\n- (a) an event that makes the Organisation no longer an eligible company;\n- (b) an event that makes an executive officer or business associate of the Organisation no longer an eligible individual;\n- (c) the appointment or employment of an executive officer of the Organisation ends;\n- (d) a person is appointed or employed as an executive officer of the Organisation;\n- (e) a shareholder or member of the Organisation stops being a shareholder or member of the Organisation;\n- (f) a person becomes a shareholder or member of the Organisation.\n- (a) the collection of personal or background information about the person by the chief executive; and\n- (b) a criminal history check.","sortOrder":301},{"sectionNumber":"ch.4-pt.5-div.6","sectionType":"division","heading":"Miscellaneous","content":"## Miscellaneous","sortOrder":302},{"sectionNumber":"sec.102ZP","sectionType":"section","heading":"Delegation","content":"### sec.102ZP Delegation\n\nThe Organisation may delegate its functions and powers under this Act to a director or appropriately qualified employee of the Organisation.\nThe chief executive officer of the Organisation (however described) may, with the Organisation’s approval, subdelegate a function delegated to the chief executive officer under subsection (1) to an appropriately qualified employee of the Organisation.\ns 102ZP ins 2017 No. 31 s 5\n(sec.102ZP-ssec.1) The Organisation may delegate its functions and powers under this Act to a director or appropriately qualified employee of the Organisation.\n(sec.102ZP-ssec.2) The chief executive officer of the Organisation (however described) may, with the Organisation’s approval, subdelegate a function delegated to the chief executive officer under subsection (1) to an appropriately qualified employee of the Organisation.","sortOrder":303},{"sectionNumber":"sec.102ZQ","sectionType":"section","heading":"Obtaining the criminal history of an individual","content":"### sec.102ZQ Obtaining the criminal history of an individual\n\nThis section applies in relation to an individual who—\nis an executive officer or business associate of the Organisation or an applicant under division 2 ; and\nhas given written consent to the chief executive obtaining the individual’s criminal history.\nThe chief executive may ask the commissioner of the police service for a written report about the individual’s criminal history, including a brief description of the circumstances of any conviction mentioned in the individual’s criminal history.\nAfter receiving the request, the police commissioner must give the report about the individual’s criminal history to the chief executive.\nHowever, the duty imposed on the police commissioner applies only to information in the commissioner’s possession or to which the commissioner has access.\ns 102ZQ ins 2017 No. 31 s 5\n(sec.102ZQ-ssec.1) This section applies in relation to an individual who— is an executive officer or business associate of the Organisation or an applicant under division 2 ; and has given written consent to the chief executive obtaining the individual’s criminal history.\n(sec.102ZQ-ssec.2) The chief executive may ask the commissioner of the police service for a written report about the individual’s criminal history, including a brief description of the circumstances of any conviction mentioned in the individual’s criminal history.\n(sec.102ZQ-ssec.3) After receiving the request, the police commissioner must give the report about the individual’s criminal history to the chief executive.\n(sec.102ZQ-ssec.4) However, the duty imposed on the police commissioner applies only to information in the commissioner’s possession or to which the commissioner has access.\n- (a) is an executive officer or business associate of the Organisation or an applicant under division 2 ; and\n- (b) has given written consent to the chief executive obtaining the individual’s criminal history.","sortOrder":304},{"sectionNumber":"sec.102ZR","sectionType":"section","heading":"Corporations Act displacement","content":"### sec.102ZR Corporations Act displacement\n\nA provision of this part, to the extent the provision is incapable of concurrent operation with a provision of the Corporations Act , is declared to be a Corporations legislation displacement provision for section 5G of that Act.\nSection 5G of the Corporations Act provides that if a State law declares a provision of a law of a State to be a Corporations legislation displacement provision, any provision of the Corporations legislation with which the State provision would otherwise be inconsistent does not apply to the extent necessary to avoid the inconsistency.\ns 102ZR ins 2017 No. 31 s 5","sortOrder":305},{"sectionNumber":"ch.5-pt.1","sectionType":"part","heading":"Basic littering and illegal dumping offences","content":"# Basic littering and illegal dumping offences","sortOrder":306},{"sectionNumber":"sec.103","sectionType":"section","heading":"General littering provision","content":"### sec.103 General littering provision\n\nA person must not litter at a place.\nMaximum penalty—\nif the offence involves dangerous littering—40 penalty units; or\notherwise—30 penalty units.\nFor subsection (1) , a person litters at a place if the person deposits at the place an amount of waste that is less than 200L in volume.\nHowever, a person who deposits at a place an amount of waste of less than 200L in volume (the relevant waste ) does not litter at the place if—\nthe person is an occupier of the place; or\nthe person deposits the relevant waste with the consent of an occupier of the place; or\nthe person deposits the relevant waste by placing it in a bin or other container provided by an occupier of the place, or by another person with the agreement of an occupier, for the purpose of depositing the relevant waste.\nDespite subsection (3) , a person who deposits at a place on a road an amount of waste of less than 200L in volume (also the relevant waste )—\ncommits an offence under subsection (1) even if the person is an occupier of the place, or deposits the relevant waste with the consent of an occupier of the place; but\ndoes not commit an offence under subsection (1) if the person deposits the waste by placing it in a bin or other container provided by an occupier of the place, or by another person with the agreement of an occupier, and located at the place, for the purpose of depositing the relevant waste.\nA person would commit an offence under subsection (1) if the person, on a road under the control of a local government, deposited 50L of waste in a waste bin placed on the road by a road maintenance contractor, with the local government’s agreement, for the purpose of collecting waste road material.\nFor subsection (1) , depositing waste that is a vaping device or vaping accessory under the Tobacco and Other Smoking Products Act 1998 is taken to be dangerous littering.\nIn this section—\ndangerous littering means depositing waste that causes or is likely to cause harm to a person, property or the environment.\nthrowing a lit cigarette onto dry grass in extreme fire danger conditions\nsmashing a bottle and leaving the broken glass on a footpath\nleaving a syringe in a public place other than in a container intended for receiving used syringes\ns 103 amd 2024 No. 51 s 37\n(sec.103-ssec.1) A person must not litter at a place. Maximum penalty— if the offence involves dangerous littering—40 penalty units; or otherwise—30 penalty units.\n(sec.103-ssec.2) For subsection (1) , a person litters at a place if the person deposits at the place an amount of waste that is less than 200L in volume.\n(sec.103-ssec.3) However, a person who deposits at a place an amount of waste of less than 200L in volume (the relevant waste ) does not litter at the place if— the person is an occupier of the place; or the person deposits the relevant waste with the consent of an occupier of the place; or the person deposits the relevant waste by placing it in a bin or other container provided by an occupier of the place, or by another person with the agreement of an occupier, for the purpose of depositing the relevant waste.\n(sec.103-ssec.4) Despite subsection (3) , a person who deposits at a place on a road an amount of waste of less than 200L in volume (also the relevant waste )— commits an offence under subsection (1) even if the person is an occupier of the place, or deposits the relevant waste with the consent of an occupier of the place; but does not commit an offence under subsection (1) if the person deposits the waste by placing it in a bin or other container provided by an occupier of the place, or by another person with the agreement of an occupier, and located at the place, for the purpose of depositing the relevant waste. A person would commit an offence under subsection (1) if the person, on a road under the control of a local government, deposited 50L of waste in a waste bin placed on the road by a road maintenance contractor, with the local government’s agreement, for the purpose of collecting waste road material.\n(sec.103-ssec.5) For subsection (1) , depositing waste that is a vaping device or vaping accessory under the Tobacco and Other Smoking Products Act 1998 is taken to be dangerous littering.\n(sec.103-ssec.6) In this section— dangerous littering means depositing waste that causes or is likely to cause harm to a person, property or the environment. throwing a lit cigarette onto dry grass in extreme fire danger conditions smashing a bottle and leaving the broken glass on a footpath leaving a syringe in a public place other than in a container intended for receiving used syringes\n- (a) if the offence involves dangerous littering—40 penalty units; or\n- (b) otherwise—30 penalty units.\n- (a) the person is an occupier of the place; or\n- (b) the person deposits the relevant waste with the consent of an occupier of the place; or\n- (c) the person deposits the relevant waste by placing it in a bin or other container provided by an occupier of the place, or by another person with the agreement of an occupier, for the purpose of depositing the relevant waste.\n- (a) commits an offence under subsection (1) even if the person is an occupier of the place, or deposits the relevant waste with the consent of an occupier of the place; but\n- (b) does not commit an offence under subsection (1) if the person deposits the waste by placing it in a bin or other container provided by an occupier of the place, or by another person with the agreement of an occupier, and located at the place, for the purpose of depositing the relevant waste.\n- • throwing a lit cigarette onto dry grass in extreme fire danger conditions\n- • smashing a bottle and leaving the broken glass on a footpath\n- • leaving a syringe in a public place other than in a container intended for receiving used syringes","sortOrder":307},{"sectionNumber":"sec.104","sectionType":"section","heading":"Illegal dumping of waste provision","content":"### sec.104 Illegal dumping of waste provision\n\nA person must not illegally dump waste at a place.\nMaximum penalty—\nif the offence involves depositing a volume of less than 2,500L of waste—400 penalty units; or\nif the offence involves depositing a volume of 2,500L or more of waste—whichever is the greater of the following amounts—\n1,000 penalty units;\na fine that is twice the waste levy amount that would have been payable, when the waste was dumped, by the operator of a levyable waste disposal site if the waste had been delivered to the site.\nIf a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 268 , to have also committed the offence.\nFor subsection (1) , a person illegally dumps waste at a place if the person deposits at the place an amount of waste that is 200L or more in volume.\nHowever, a person who deposits at a place an amount of waste of 200L or more in volume (the relevant waste ) does not illegally dump the relevant waste if—\nthe person is an occupier of the place; or\nthe person deposits the relevant waste with the consent of an occupier of the place; or\nthe person deposits the waste by placing it in a bin or other container provided by an occupier of the place, or by another person with the agreement of an occupier, for the purpose of depositing the relevant waste.\nDespite subsection (3) , a person who deposits at a place on a road an amount of waste of 200L or more in volume (also the relevant waste )—\ncommits an offence under subsection (1) even if the person is an occupier of the place, or deposits the relevant waste with the consent of an occupier of the place; but\ndoes not commit an offence under subsection (1) if the person deposits the relevant waste by placing it in a bin or other container provided by an occupier of the place, or by another person with the agreement of an occupier, and located at the place, for the purpose of depositing the relevant waste.\nTwo or more deposits of waste at a place are taken to be 1 deposit of waste for this section if they together constitute a connected series of deposits.\nA connected series of 3 deposits of waste at a place, each of a volume of approximately 80L, would constitute the deposit at the place of an amount of waste that is more than 200L in volume.\ns 104 amd 2013 No. 51 s 229 sch 1 ; 2019 No. 2 s 7\n(sec.104-ssec.1) A person must not illegally dump waste at a place. Maximum penalty— if the offence involves depositing a volume of less than 2,500L of waste—400 penalty units; or if the offence involves depositing a volume of 2,500L or more of waste—whichever is the greater of the following amounts— 1,000 penalty units; a fine that is twice the waste levy amount that would have been payable, when the waste was dumped, by the operator of a levyable waste disposal site if the waste had been delivered to the site. If a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 268 , to have also committed the offence.\n(sec.104-ssec.2) For subsection (1) , a person illegally dumps waste at a place if the person deposits at the place an amount of waste that is 200L or more in volume.\n(sec.104-ssec.3) However, a person who deposits at a place an amount of waste of 200L or more in volume (the relevant waste ) does not illegally dump the relevant waste if— the person is an occupier of the place; or the person deposits the relevant waste with the consent of an occupier of the place; or the person deposits the waste by placing it in a bin or other container provided by an occupier of the place, or by another person with the agreement of an occupier, for the purpose of depositing the relevant waste.\n(sec.104-ssec.4) Despite subsection (3) , a person who deposits at a place on a road an amount of waste of 200L or more in volume (also the relevant waste )— commits an offence under subsection (1) even if the person is an occupier of the place, or deposits the relevant waste with the consent of an occupier of the place; but does not commit an offence under subsection (1) if the person deposits the relevant waste by placing it in a bin or other container provided by an occupier of the place, or by another person with the agreement of an occupier, and located at the place, for the purpose of depositing the relevant waste.\n(sec.104-ssec.5) Two or more deposits of waste at a place are taken to be 1 deposit of waste for this section if they together constitute a connected series of deposits. A connected series of 3 deposits of waste at a place, each of a volume of approximately 80L, would constitute the deposit at the place of an amount of waste that is more than 200L in volume.\n- (a) if the offence involves depositing a volume of less than 2,500L of waste—400 penalty units; or\n- (b) if the offence involves depositing a volume of 2,500L or more of waste—whichever is the greater of the following amounts— (i) 1,000 penalty units; (ii) a fine that is twice the waste levy amount that would have been payable, when the waste was dumped, by the operator of a levyable waste disposal site if the waste had been delivered to the site.\n- (i) 1,000 penalty units;\n- (ii) a fine that is twice the waste levy amount that would have been payable, when the waste was dumped, by the operator of a levyable waste disposal site if the waste had been delivered to the site.\n- (i) 1,000 penalty units;\n- (ii) a fine that is twice the waste levy amount that would have been payable, when the waste was dumped, by the operator of a levyable waste disposal site if the waste had been delivered to the site.\n- (a) the person is an occupier of the place; or\n- (b) the person deposits the relevant waste with the consent of an occupier of the place; or\n- (c) the person deposits the waste by placing it in a bin or other container provided by an occupier of the place, or by another person with the agreement of an occupier, for the purpose of depositing the relevant waste.\n- (a) commits an offence under subsection (1) even if the person is an occupier of the place, or deposits the relevant waste with the consent of an occupier of the place; but\n- (b) does not commit an offence under subsection (1) if the person deposits the relevant waste by placing it in a bin or other container provided by an occupier of the place, or by another person with the agreement of an occupier, and located at the place, for the purpose of depositing the relevant waste.","sortOrder":308},{"sectionNumber":"ch.5-pt.2","sectionType":"part","heading":"Material that may become waste","content":"# Material that may become waste","sortOrder":309},{"sectionNumber":"sec.105","sectionType":"section","heading":"What is advertising material","content":"### sec.105 What is advertising material\n\nAdvertising material means any of the following, if it includes any form of advertising for a commercial purpose—\na circular, a flyer, promotional matter, information or a letter;\na newspaper, magazine or other publication distributed without charge to intended readers.\nIn this section—\nflyer means a single sheet of printed material circulated to announce an event, promote a cause or advertise a product.\n(sec.105-ssec.1) Advertising material means any of the following, if it includes any form of advertising for a commercial purpose— a circular, a flyer, promotional matter, information or a letter; a newspaper, magazine or other publication distributed without charge to intended readers.\n(sec.105-ssec.2) In this section— flyer means a single sheet of printed material circulated to announce an event, promote a cause or advertise a product.\n- (a) a circular, a flyer, promotional matter, information or a letter;\n- (b) a newspaper, magazine or other publication distributed without charge to intended readers.","sortOrder":310},{"sectionNumber":"sec.106","sectionType":"section","heading":"What is unsolicited advertising material for premises","content":"### sec.106 What is unsolicited advertising material for premises\n\nAdvertising material is unsolicited advertising material for premises if it is not addressed by name to an owner or occupier of the premises or to a person who is otherwise lawfully at the premises from time to time.\nadvertising material addressed only as ‘To the householder’ or ‘To the occupier’\nHowever, the following are not unsolicited advertising material for premises—\na newspaper delivered to the premises, unless the owner or occupier of the premises has advised the publisher or distributor of the newspaper that the owner or occupier does not wish to receive the newspaper;\nmaterial folded or inserted into a newspaper delivered to the premises if under this subsection the newspaper is not unsolicited advertising material for the premises.\ns 106 amd 2011 No. 40 s 7B\n(sec.106-ssec.1) Advertising material is unsolicited advertising material for premises if it is not addressed by name to an owner or occupier of the premises or to a person who is otherwise lawfully at the premises from time to time. advertising material addressed only as ‘To the householder’ or ‘To the occupier’\n(sec.106-ssec.2) However, the following are not unsolicited advertising material for premises— a newspaper delivered to the premises, unless the owner or occupier of the premises has advised the publisher or distributor of the newspaper that the owner or occupier does not wish to receive the newspaper; material folded or inserted into a newspaper delivered to the premises if under this subsection the newspaper is not unsolicited advertising material for the premises.\n- (a) a newspaper delivered to the premises, unless the owner or occupier of the premises has advised the publisher or distributor of the newspaper that the owner or occupier does not wish to receive the newspaper;\n- (b) material folded or inserted into a newspaper delivered to the premises if under this subsection the newspaper is not unsolicited advertising material for the premises.","sortOrder":311},{"sectionNumber":"sec.107","sectionType":"section","heading":"Unlawful delivery provision","content":"### sec.107 Unlawful delivery provision\n\nA person must not deliver to premises any unsolicited advertising material for the premises if—\non an exterior receptacle or other place for receiving mail for the premises, or on a boundary fence or gate adjoining the footpath or other public access point for the premises, there is a legible sign or marking; and\nthe sign or marking states ‘No Advertising Material’, ‘No Junk Mail’, ‘Australia Post Mail Only’ or words to similar effect or otherwise contains any words in English indicating, expressly or by implication, that unsolicited advertising material for the premises is not to be delivered to the premises; and\nthe sign or marking is clearly visible to a person delivering the advertising material to the premises.\nThis section does not apply to the giving of unsolicited advertising material for premises personally to a person at the premises.\nTo remove any doubt, it is declared that this section does not apply to the delivery to premises of a newspaper unless, having regard to section 106 (2) , the newspaper is unsolicited advertising material for the premises.\ns 107 amd 2011 No. 40 s 7C\n(sec.107-ssec.1) A person must not deliver to premises any unsolicited advertising material for the premises if— on an exterior receptacle or other place for receiving mail for the premises, or on a boundary fence or gate adjoining the footpath or other public access point for the premises, there is a legible sign or marking; and the sign or marking states ‘No Advertising Material’, ‘No Junk Mail’, ‘Australia Post Mail Only’ or words to similar effect or otherwise contains any words in English indicating, expressly or by implication, that unsolicited advertising material for the premises is not to be delivered to the premises; and the sign or marking is clearly visible to a person delivering the advertising material to the premises.\n(sec.107-ssec.2) This section does not apply to the giving of unsolicited advertising material for premises personally to a person at the premises.\n(sec.107-ssec.3) To remove any doubt, it is declared that this section does not apply to the delivery to premises of a newspaper unless, having regard to section 106 (2) , the newspaper is unsolicited advertising material for the premises.\n- (a) on an exterior receptacle or other place for receiving mail for the premises, or on a boundary fence or gate adjoining the footpath or other public access point for the premises, there is a legible sign or marking; and\n- (b) the sign or marking states ‘No Advertising Material’, ‘No Junk Mail’, ‘Australia Post Mail Only’ or words to similar effect or otherwise contains any words in English indicating, expressly or by implication, that unsolicited advertising material for the premises is not to be delivered to the premises; and\n- (c) the sign or marking is clearly visible to a person delivering the advertising material to the premises.","sortOrder":312},{"sectionNumber":"sec.108","sectionType":"section","heading":"Secure delivery provision","content":"### sec.108 Secure delivery provision\n\nA person who delivers to premises any unsolicited advertising material for the premises must ensure that the material is placed securely—\nin a receptacle, slot or other place used for the delivery of mail to the premises; or\nin a receptacle or slot that is used for the delivery of newspapers to the premise; or\nunder a door of the premises.\nTo remove any doubt, it is declared that this section does not apply to the delivery to premises of a newspaper unless, having regard to section 106 (2) , the newspaper is unsolicited advertising material for the premises.\ns 108 amd 2011 No. 40 s 7D\n(sec.108-ssec.1) A person who delivers to premises any unsolicited advertising material for the premises must ensure that the material is placed securely— in a receptacle, slot or other place used for the delivery of mail to the premises; or in a receptacle or slot that is used for the delivery of newspapers to the premise; or under a door of the premises.\n(sec.108-ssec.2) To remove any doubt, it is declared that this section does not apply to the delivery to premises of a newspaper unless, having regard to section 106 (2) , the newspaper is unsolicited advertising material for the premises.\n- (a) in a receptacle, slot or other place used for the delivery of mail to the premises; or\n- (b) in a receptacle or slot that is used for the delivery of newspapers to the premise; or\n- (c) under a door of the premises.","sortOrder":313},{"sectionNumber":"sec.109","sectionType":"section","heading":"Placing document on or in motor vehicle or on building or other fixed structure","content":"### sec.109 Placing document on or in motor vehicle or on building or other fixed structure\n\nA person must not place any document in or on a motor vehicle without the express consent of a person who is a registered operator, owner or driver of the vehicle.\nA person must not attach any document to any building or other fixed structure without the express consent of the owner or occupier of the building or structure, or of a person acting for the owner or occupier.\nFor subsections (1) and (2) , it does not matter whether or not the document is advertising material.\nA person does not contravene subsection (1) or (2) if the person places a document in or on a motor vehicle, or attaches a document to a building or other fixed structure—\nin the lawful performance of a function under an Act; or\nif the action is reasonable in the circumstances.\nleaving a note on a motor vehicle providing contact details after causing accidental damage to the motor vehicle\nleaving a note on a motor vehicle to indicate that the place where the motor vehicle is parked is reserved for other purposes\nIn this section—\ndocument means any paper or other material on which there is writing or any drawing, figure, symbol or other expression.\n(sec.109-ssec.1) A person must not place any document in or on a motor vehicle without the express consent of a person who is a registered operator, owner or driver of the vehicle.\n(sec.109-ssec.2) A person must not attach any document to any building or other fixed structure without the express consent of the owner or occupier of the building or structure, or of a person acting for the owner or occupier.\n(sec.109-ssec.3) For subsections (1) and (2) , it does not matter whether or not the document is advertising material.\n(sec.109-ssec.4) A person does not contravene subsection (1) or (2) if the person places a document in or on a motor vehicle, or attaches a document to a building or other fixed structure— in the lawful performance of a function under an Act; or if the action is reasonable in the circumstances. leaving a note on a motor vehicle providing contact details after causing accidental damage to the motor vehicle leaving a note on a motor vehicle to indicate that the place where the motor vehicle is parked is reserved for other purposes\n(sec.109-ssec.5) In this section— document means any paper or other material on which there is writing or any drawing, figure, symbol or other expression.\n- (a) in the lawful performance of a function under an Act; or\n- (b) if the action is reasonable in the circumstances. Example of reasonable actions— • leaving a note on a motor vehicle providing contact details after causing accidental damage to the motor vehicle • leaving a note on a motor vehicle to indicate that the place where the motor vehicle is parked is reserved for other purposes\n- • leaving a note on a motor vehicle providing contact details after causing accidental damage to the motor vehicle\n- • leaving a note on a motor vehicle to indicate that the place where the motor vehicle is parked is reserved for other purposes\n- • leaving a note on a motor vehicle providing contact details after causing accidental damage to the motor vehicle\n- • leaving a note on a motor vehicle to indicate that the place where the motor vehicle is parked is reserved for other purposes","sortOrder":314},{"sectionNumber":"sec.110","sectionType":"section","heading":"Advice to chief executive about placing or attaching documents","content":"### sec.110 Advice to chief executive about placing or attaching documents\n\nThis section applies if the chief executive believes on reasonable grounds that documents have been distributed by being placed in or on motor vehicles, or attached to buildings or other fixed structures, in contravention of section 109 .\nThe chief executive may give a notice under this section to a person who is an adult if the chief executive reasonably believes the person—\nauthorised or arranged for the distribution of the documents; or\nauthorised or arranged for printing of the documents; or\nplaced or attached any of the documents.\nA notice under subsection (2) (a) or (b) may require the person to advise the chief executive of the name and contact details of any person who placed or attached 1 or more of the documents.\nA notice under subsection (2) (b) or (c) may require the person to advise the chief executive of the name and contact details of the person who authorised or arranged for distribution of the documents.\nA person who is given a notice under this section must comply with the notice within 7 days after receiving the notice unless the person has a reasonable excuse.\nMaximum penalty—40 penalty units.\n(sec.110-ssec.1) This section applies if the chief executive believes on reasonable grounds that documents have been distributed by being placed in or on motor vehicles, or attached to buildings or other fixed structures, in contravention of section 109 .\n(sec.110-ssec.2) The chief executive may give a notice under this section to a person who is an adult if the chief executive reasonably believes the person— authorised or arranged for the distribution of the documents; or authorised or arranged for printing of the documents; or placed or attached any of the documents.\n(sec.110-ssec.3) A notice under subsection (2) (a) or (b) may require the person to advise the chief executive of the name and contact details of any person who placed or attached 1 or more of the documents.\n(sec.110-ssec.4) A notice under subsection (2) (b) or (c) may require the person to advise the chief executive of the name and contact details of the person who authorised or arranged for distribution of the documents.\n(sec.110-ssec.5) A person who is given a notice under this section must comply with the notice within 7 days after receiving the notice unless the person has a reasonable excuse. Maximum penalty—40 penalty units.\n- (a) authorised or arranged for the distribution of the documents; or\n- (b) authorised or arranged for printing of the documents; or\n- (c) placed or attached any of the documents.","sortOrder":315},{"sectionNumber":"sec.111","sectionType":"section","heading":"Advice to chief executive about delivering or distributing advertising material","content":"### sec.111 Advice to chief executive about delivering or distributing advertising material\n\nThis section applies if the chief executive believes on reasonable grounds that advertising material has been distributed in an area by being delivered to premises in contravention of the unlawful delivery provision or the secure delivery provision.\nThe chief executive may give a notice under this section to a person who is an adult if the chief executive reasonably believes the person—\nauthorised or arranged for the distribution of the advertising material; or\nauthorised or arranged for the printing of the advertising material; or\ndelivered any of the advertising material.\nA notice under subsection (2) (a) or (b) may require the person to advise the chief executive of the name and contact details of any person who delivered any of the advertising material.\nA notice under subsection (2) (b) or (c) may require the person to advise the chief executive of the name and contact details of the person who authorised or arranged for distribution of the advertising material.\nA person who is given a notice under this section must comply with the notice within 7 days after receiving the notice unless the person has a reasonable excuse.\nMaximum penalty—40 penalty units.\n(sec.111-ssec.1) This section applies if the chief executive believes on reasonable grounds that advertising material has been distributed in an area by being delivered to premises in contravention of the unlawful delivery provision or the secure delivery provision.\n(sec.111-ssec.2) The chief executive may give a notice under this section to a person who is an adult if the chief executive reasonably believes the person— authorised or arranged for the distribution of the advertising material; or authorised or arranged for the printing of the advertising material; or delivered any of the advertising material.\n(sec.111-ssec.3) A notice under subsection (2) (a) or (b) may require the person to advise the chief executive of the name and contact details of any person who delivered any of the advertising material.\n(sec.111-ssec.4) A notice under subsection (2) (b) or (c) may require the person to advise the chief executive of the name and contact details of the person who authorised or arranged for distribution of the advertising material.\n(sec.111-ssec.5) A person who is given a notice under this section must comply with the notice within 7 days after receiving the notice unless the person has a reasonable excuse. Maximum penalty—40 penalty units.\n- (a) authorised or arranged for the distribution of the advertising material; or\n- (b) authorised or arranged for the printing of the advertising material; or\n- (c) delivered any of the advertising material.","sortOrder":316},{"sectionNumber":"sec.112","sectionType":"section","heading":"Avoiding accumulations of waste","content":"### sec.112 Avoiding accumulations of waste\n\nThis section applies if a person (the responsible entity ) authorises, or arranges for, the distribution of advertising material to premises in an area.\nThe responsible entity must take reasonable steps to ensure that the advertising material does not, having regard to the way in which it is delivered to premises, become waste.\nMaximum penalty—100 penalty units.\nThe advertising material is delivered in a way that is consistent with the Distribution Standards Board’s code of practice for the delivery of advertising material.\nIf, in the delivery of any of the advertising material to any premises, a person contravenes the unlawful delivery provision or the secure delivery provision, the responsible entity must, if directed by the chief executive to do so, collect the material from the premises within the period directed by the chief executive.\nMaximum penalty—100 penalty units.\nThis section does not apply to a newspaper unless, having regard to section 106 (2) , the newspaper is unsolicited advertising material for premises.\ns 112 amd 2011 No. 40 s 7E\n(sec.112-ssec.1) This section applies if a person (the responsible entity ) authorises, or arranges for, the distribution of advertising material to premises in an area.\n(sec.112-ssec.2) The responsible entity must take reasonable steps to ensure that the advertising material does not, having regard to the way in which it is delivered to premises, become waste. Maximum penalty—100 penalty units. The advertising material is delivered in a way that is consistent with the Distribution Standards Board’s code of practice for the delivery of advertising material.\n(sec.112-ssec.3) If, in the delivery of any of the advertising material to any premises, a person contravenes the unlawful delivery provision or the secure delivery provision, the responsible entity must, if directed by the chief executive to do so, collect the material from the premises within the period directed by the chief executive. Maximum penalty—100 penalty units.\n(sec.112-ssec.4) This section does not apply to a newspaper unless, having regard to section 106 (2) , the newspaper is unsolicited advertising material for premises.","sortOrder":317},{"sectionNumber":"ch.5-pt.3","sectionType":"part","heading":"Vehicle littering or illegal dumping offences","content":"# Vehicle littering or illegal dumping offences","sortOrder":318},{"sectionNumber":"ch.5-pt.3-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":319},{"sectionNumber":"sec.113","sectionType":"section","heading":"Application of pt 3","content":"### sec.113 Application of pt 3\n\nThis part applies to an offence against a relevant offence provision if the offence is a vehicle littering or illegal dumping offence.\nAn offence against a relevant offence provision is a vehicle littering or illegal dumping offence if—\nthe offence is committed by a person who is, or becomes, an occupant of a vehicle that is associated with the commission of the offence; and\nunder the State Penalties Enforcement Act 1999 , an offence against the relevant offence provision is prescribed to be an offence to which that Act applies.\nA vehicle is associated with the commission of an offence against a relevant offence provision if, for example, the person who committed the offence—\nwas in the vehicle when the offence was committed; or\nwas leaving or had just left the vehicle when the offence was committed; or\nused the vehicle to transport waste to the place where the offence was committed; or\ncommitted the offence near the vehicle before entering the vehicle.\nDespite subsection (1) , this part does not apply to a vehicle littering or illegal dumping offence if—\nthe vehicle associated with the commission of the offence was a public passenger vehicle being used to transport members of the public; and\nthe offence was committed by a person other than the driver of the vehicle.\nIn this section—\nrelevant offence provision means the general littering provision or the illegal dumping of waste provision.\n(sec.113-ssec.1) This part applies to an offence against a relevant offence provision if the offence is a vehicle littering or illegal dumping offence.\n(sec.113-ssec.2) An offence against a relevant offence provision is a vehicle littering or illegal dumping offence if— the offence is committed by a person who is, or becomes, an occupant of a vehicle that is associated with the commission of the offence; and under the State Penalties Enforcement Act 1999 , an offence against the relevant offence provision is prescribed to be an offence to which that Act applies.\n(sec.113-ssec.3) A vehicle is associated with the commission of an offence against a relevant offence provision if, for example, the person who committed the offence— was in the vehicle when the offence was committed; or was leaving or had just left the vehicle when the offence was committed; or used the vehicle to transport waste to the place where the offence was committed; or committed the offence near the vehicle before entering the vehicle.\n(sec.113-ssec.4) Despite subsection (1) , this part does not apply to a vehicle littering or illegal dumping offence if— the vehicle associated with the commission of the offence was a public passenger vehicle being used to transport members of the public; and the offence was committed by a person other than the driver of the vehicle.\n(sec.113-ssec.5) In this section— relevant offence provision means the general littering provision or the illegal dumping of waste provision.\n- (a) the offence is committed by a person who is, or becomes, an occupant of a vehicle that is associated with the commission of the offence; and\n- (b) under the State Penalties Enforcement Act 1999 , an offence against the relevant offence provision is prescribed to be an offence to which that Act applies.\n- (a) was in the vehicle when the offence was committed; or\n- (b) was leaving or had just left the vehicle when the offence was committed; or\n- (c) used the vehicle to transport waste to the place where the offence was committed; or\n- (d) committed the offence near the vehicle before entering the vehicle.\n- (a) the vehicle associated with the commission of the offence was a public passenger vehicle being used to transport members of the public; and\n- (b) the offence was committed by a person other than the driver of the vehicle.","sortOrder":320},{"sectionNumber":"ch.5-pt.3-div.2","sectionType":"division","heading":"Applying State Penalties Enforcement Act 1999","content":"## Applying State Penalties Enforcement Act 1999","sortOrder":321},{"sectionNumber":"sec.114","sectionType":"section","heading":"Application of State Penalties Enforcement Act 1999","content":"### sec.114 Application of State Penalties Enforcement Act 1999\n\nFor the State Penalties Enforcement Act 1999 , a vehicle littering or illegal dumping offence is an offence involving a vehicle as defined under that Act.\nFor applying the State Penalties Enforcement Act 1999 to a vehicle littering or illegal dumping offence, the references in sections 17 (3) , 22 (1) (c) , 33 (1) (d) and 157 (2) (j) to an illegal user declaration, a known or unknown user declaration or a sold vehicle declaration are taken to include a reference to a passenger declaration.\nSubsection (2) does not affect a person’s right under the State Penalties Enforcement Act 1999 , section 17 (3) to give a SPEA declaration for a vehicle for the offence.\nHowever, if a person gives a passenger declaration for the offence, another person may not give a SPEA declaration or a passenger declaration for the same offence.\nIn this section—\nSPEA declaration means an illegal user declaration, a known or unknown user declaration or a sold vehicle declaration under the State Penalties Enforcement Act 1999 .\n(sec.114-ssec.1) For the State Penalties Enforcement Act 1999 , a vehicle littering or illegal dumping offence is an offence involving a vehicle as defined under that Act.\n(sec.114-ssec.2) For applying the State Penalties Enforcement Act 1999 to a vehicle littering or illegal dumping offence, the references in sections 17 (3) , 22 (1) (c) , 33 (1) (d) and 157 (2) (j) to an illegal user declaration, a known or unknown user declaration or a sold vehicle declaration are taken to include a reference to a passenger declaration.\n(sec.114-ssec.3) Subsection (2) does not affect a person’s right under the State Penalties Enforcement Act 1999 , section 17 (3) to give a SPEA declaration for a vehicle for the offence.\n(sec.114-ssec.4) However, if a person gives a passenger declaration for the offence, another person may not give a SPEA declaration or a passenger declaration for the same offence.\n(sec.114-ssec.5) In this section— SPEA declaration means an illegal user declaration, a known or unknown user declaration or a sold vehicle declaration under the State Penalties Enforcement Act 1999 .","sortOrder":322},{"sectionNumber":"sec.115","sectionType":"section","heading":"Effect of passenger declaration","content":"### sec.115 Effect of passenger declaration\n\nThis section applies if—\na vehicle littering or illegal dumping offence happens; and\nan infringement notice for the offence is served on a prescribed person for the offence; and\nthe prescribed person makes and gives to the administering authority for the infringement notice a passenger declaration for the offence.\nThe State Penalties Enforcement Act 1999 , section 17 applies as if the person named in the declaration as the person who deposited the waste (the passenger ) were the owner of the vehicle at the relevant time and date.\nA proceeding for the offence may be started against the passenger only if a copy of the declaration has been served on the passenger.\nIn a proceeding for the offence against the passenger, the declaration is evidence that the passenger deposited the waste at the relevant time and date.\nIn a proceeding for the offence against the prescribed person, a court must not find the prescribed person guilty of the offence if it is satisfied, whether on the statements contained in the declaration or otherwise, the prescribed person did not deposit the waste at the relevant time and date.\nIn this section—\nadministering authority , for the infringement notice, means the administering authority for the notice under the State Penalties Enforcement Act 1999 .\nrelevant time and date means the time and date stated in the infringement notice as the time and date of the vehicle littering or illegal dumping offence.\n(sec.115-ssec.1) This section applies if— a vehicle littering or illegal dumping offence happens; and an infringement notice for the offence is served on a prescribed person for the offence; and the prescribed person makes and gives to the administering authority for the infringement notice a passenger declaration for the offence.\n(sec.115-ssec.2) The State Penalties Enforcement Act 1999 , section 17 applies as if the person named in the declaration as the person who deposited the waste (the passenger ) were the owner of the vehicle at the relevant time and date.\n(sec.115-ssec.3) A proceeding for the offence may be started against the passenger only if a copy of the declaration has been served on the passenger.\n(sec.115-ssec.4) In a proceeding for the offence against the passenger, the declaration is evidence that the passenger deposited the waste at the relevant time and date.\n(sec.115-ssec.5) In a proceeding for the offence against the prescribed person, a court must not find the prescribed person guilty of the offence if it is satisfied, whether on the statements contained in the declaration or otherwise, the prescribed person did not deposit the waste at the relevant time and date.\n(sec.115-ssec.6) In this section— administering authority , for the infringement notice, means the administering authority for the notice under the State Penalties Enforcement Act 1999 . relevant time and date means the time and date stated in the infringement notice as the time and date of the vehicle littering or illegal dumping offence.\n- (a) a vehicle littering or illegal dumping offence happens; and\n- (b) an infringement notice for the offence is served on a prescribed person for the offence; and\n- (c) the prescribed person makes and gives to the administering authority for the infringement notice a passenger declaration for the offence.","sortOrder":323},{"sectionNumber":"sec.116","sectionType":"section","heading":"Service of infringement notice for vehicle littering or illegal dumping offence","content":"### sec.116 Service of infringement notice for vehicle littering or illegal dumping offence\n\nAn infringement notice for a vehicle littering or illegal dumping offence may be served on the person named in a passenger declaration as the person who deposited the waste.\nIf the infringement notice is to be served by post, the notice may be addressed to the person at the person’s address stated in the declaration.\n(sec.116-ssec.1) An infringement notice for a vehicle littering or illegal dumping offence may be served on the person named in a passenger declaration as the person who deposited the waste.\n(sec.116-ssec.2) If the infringement notice is to be served by post, the notice may be addressed to the person at the person’s address stated in the declaration.","sortOrder":324},{"sectionNumber":"sec.117","sectionType":"section","heading":"Chief executive (transport) must disclose information","content":"### sec.117 Chief executive (transport) must disclose information\n\nThis section applies if—\nan authorised person is reasonably satisfied that vehicle registry information may be used—\nin a proceeding against a person for a vehicle littering or illegal dumping offence; or\nfor the service of an infringement notice on a person for a vehicle littering or illegal dumping offence; and\nthe authorised person asks the chief executive (transport) for the information.\nThe chief executive (transport) must disclose the information to the authorised person if—\nthe chief executive (transport) reasonably considers that the information may be used—\nin a proceeding against the person for the vehicle littering or illegal dumping offence; or\nfor the service of an infringement notice on the person for the vehicle littering or illegal dumping offence; or\nthe disclosure is authorised by the person to whom the information relates.\nIn this section—\nchief executive (transport) means the chief executive of the department in which the Transport Operations (Road Use Management) Act 1995 is administered.\nvehicle registry information means information kept in the register of registered vehicles under a regulation under the Transport Operations (Road Use Management) Act 1995 .\n(sec.117-ssec.1) This section applies if— an authorised person is reasonably satisfied that vehicle registry information may be used— in a proceeding against a person for a vehicle littering or illegal dumping offence; or for the service of an infringement notice on a person for a vehicle littering or illegal dumping offence; and the authorised person asks the chief executive (transport) for the information.\n(sec.117-ssec.2) The chief executive (transport) must disclose the information to the authorised person if— the chief executive (transport) reasonably considers that the information may be used— in a proceeding against the person for the vehicle littering or illegal dumping offence; or for the service of an infringement notice on the person for the vehicle littering or illegal dumping offence; or the disclosure is authorised by the person to whom the information relates.\n(sec.117-ssec.3) In this section— chief executive (transport) means the chief executive of the department in which the Transport Operations (Road Use Management) Act 1995 is administered. vehicle registry information means information kept in the register of registered vehicles under a regulation under the Transport Operations (Road Use Management) Act 1995 .\n- (a) an authorised person is reasonably satisfied that vehicle registry information may be used— (i) in a proceeding against a person for a vehicle littering or illegal dumping offence; or (ii) for the service of an infringement notice on a person for a vehicle littering or illegal dumping offence; and\n- (i) in a proceeding against a person for a vehicle littering or illegal dumping offence; or\n- (ii) for the service of an infringement notice on a person for a vehicle littering or illegal dumping offence; and\n- (b) the authorised person asks the chief executive (transport) for the information.\n- (i) in a proceeding against a person for a vehicle littering or illegal dumping offence; or\n- (ii) for the service of an infringement notice on a person for a vehicle littering or illegal dumping offence; and\n- (a) the chief executive (transport) reasonably considers that the information may be used— (i) in a proceeding against the person for the vehicle littering or illegal dumping offence; or (ii) for the service of an infringement notice on the person for the vehicle littering or illegal dumping offence; or\n- (i) in a proceeding against the person for the vehicle littering or illegal dumping offence; or\n- (ii) for the service of an infringement notice on the person for the vehicle littering or illegal dumping offence; or\n- (b) the disclosure is authorised by the person to whom the information relates.\n- (i) in a proceeding against the person for the vehicle littering or illegal dumping offence; or\n- (ii) for the service of an infringement notice on the person for the vehicle littering or illegal dumping offence; or","sortOrder":325},{"sectionNumber":"ch.5-pt.3-div.3","sectionType":"division","heading":"Public reporting of vehicle littering or illegal dumping offences","content":"## Public reporting of vehicle littering or illegal dumping offences","sortOrder":326},{"sectionNumber":"sec.118","sectionType":"section","heading":"Facilitating enforcement of vehicle littering or illegal dumping offence","content":"### sec.118 Facilitating enforcement of vehicle littering or illegal dumping offence\n\nIf a person (the reporter ) observes an incident that the reporter considers to be the commission of a vehicle littering or illegal dumping offence, the reporter may give the chief executive a signed notice (a vehicle littering or illegal dumping report ) containing information about the incident.\nThe chief executive must maintain arrangements for receiving and giving consideration to any vehicle littering or illegal dumping report, whether the report is given in hard copy or electronic form.\nThe chief executive must not, other than with the consent of the reporter, or to take action under this chapter, including starting a proceeding, release to any person a vehicle littering or illegal dumping report.\nA vehicle littering or illegal dumping report should, if practicable, include enough information about the incident to allow the chief executive to form an opinion about whether a vehicle littering or illegal dumping offence has happened, and if so, the circumstances of the offence.\nWithout limiting subsection (4) , the information may include the following—\nthe reporter’s name, street address and contact details;\nthe date, the approximate time and the place of the incident;\nregistration details of the vehicle involved;\nthe make, model, body type and colour of the vehicle involved;\nthe type and amount of waste deposited;\nany other details that may in the circumstances help the chief executive;\nthe side of the vehicle from which waste was thrown\nwhether the reporter is prepared to give evidence about the incident in a court if asked to do so.\nWithout limiting the factors the chief executive may take into consideration in deciding whether to take any action in relation to a vehicle littering or illegal dumping report, the factors may include the following—\nwhether the reporter can be identified;\nwhether there is enough detail in the report to allow the chief executive to form an opinion about whether a vehicle littering or illegal dumping offence has happened;\nwhether the reporter has been identified, having regard to previous vehicle littering or illegal dumping reports or other previous correspondence, as a person who has given information that is vexatious or mischievous in nature;\nwhether the reporter is prepared to give evidence in court about the circumstances of the vehicle littering or illegal dumping offence;\nwhether the vehicle reported on is a vehicle to which this part applies.\n(sec.118-ssec.1) If a person (the reporter ) observes an incident that the reporter considers to be the commission of a vehicle littering or illegal dumping offence, the reporter may give the chief executive a signed notice (a vehicle littering or illegal dumping report ) containing information about the incident.\n(sec.118-ssec.2) The chief executive must maintain arrangements for receiving and giving consideration to any vehicle littering or illegal dumping report, whether the report is given in hard copy or electronic form.\n(sec.118-ssec.3) The chief executive must not, other than with the consent of the reporter, or to take action under this chapter, including starting a proceeding, release to any person a vehicle littering or illegal dumping report.\n(sec.118-ssec.4) A vehicle littering or illegal dumping report should, if practicable, include enough information about the incident to allow the chief executive to form an opinion about whether a vehicle littering or illegal dumping offence has happened, and if so, the circumstances of the offence.\n(sec.118-ssec.5) Without limiting subsection (4) , the information may include the following— the reporter’s name, street address and contact details; the date, the approximate time and the place of the incident; registration details of the vehicle involved; the make, model, body type and colour of the vehicle involved; the type and amount of waste deposited; any other details that may in the circumstances help the chief executive; the side of the vehicle from which waste was thrown whether the reporter is prepared to give evidence about the incident in a court if asked to do so.\n(sec.118-ssec.6) Without limiting the factors the chief executive may take into consideration in deciding whether to take any action in relation to a vehicle littering or illegal dumping report, the factors may include the following— whether the reporter can be identified; whether there is enough detail in the report to allow the chief executive to form an opinion about whether a vehicle littering or illegal dumping offence has happened; whether the reporter has been identified, having regard to previous vehicle littering or illegal dumping reports or other previous correspondence, as a person who has given information that is vexatious or mischievous in nature; whether the reporter is prepared to give evidence in court about the circumstances of the vehicle littering or illegal dumping offence; whether the vehicle reported on is a vehicle to which this part applies.\n- (a) the reporter’s name, street address and contact details;\n- (b) the date, the approximate time and the place of the incident;\n- (c) registration details of the vehicle involved;\n- (d) the make, model, body type and colour of the vehicle involved;\n- (e) the type and amount of waste deposited;\n- (f) any other details that may in the circumstances help the chief executive; Example— the side of the vehicle from which waste was thrown\n- (g) whether the reporter is prepared to give evidence about the incident in a court if asked to do so.\n- (a) whether the reporter can be identified;\n- (b) whether there is enough detail in the report to allow the chief executive to form an opinion about whether a vehicle littering or illegal dumping offence has happened;\n- (c) whether the reporter has been identified, having regard to previous vehicle littering or illegal dumping reports or other previous correspondence, as a person who has given information that is vexatious or mischievous in nature;\n- (d) whether the reporter is prepared to give evidence in court about the circumstances of the vehicle littering or illegal dumping offence;\n- (e) whether the vehicle reported on is a vehicle to which this part applies.","sortOrder":327},{"sectionNumber":"ch.6-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":328},{"sectionNumber":"sec.119","sectionType":"section","heading":"Purpose of chapter","content":"### sec.119 Purpose of chapter\n\nThe purpose of this chapter is to provide, in a way that achieves the objects of this Act, for strategic planning for improving waste management—\nat regional and individual local government level; and\nat state government departmental level; and\nat business and industry level.\n- (a) at regional and individual local government level; and\n- (b) at state government departmental level; and\n- (c) at business and industry level.","sortOrder":329},{"sectionNumber":"sec.120","sectionType":"section","heading":"Meaning of waste reduction and recycling plan","content":"### sec.120 Meaning of waste reduction and recycling plan\n\nA waste reduction and recycling plan , for an entity, is a plan that—\nestablishes strategic waste management, including waste reduction and recycling, planning requirements for the entity for—\na particular aspect of waste management relevant to the entity; or\nsome or all aspects of waste management relevant to the entity; and\nhas been prepared and adopted in compliance with the requirements of this chapter.\n- (a) establishes strategic waste management, including waste reduction and recycling, planning requirements for the entity for— (i) a particular aspect of waste management relevant to the entity; or (ii) some or all aspects of waste management relevant to the entity; and\n- (i) a particular aspect of waste management relevant to the entity; or\n- (ii) some or all aspects of waste management relevant to the entity; and\n- (b) has been prepared and adopted in compliance with the requirements of this chapter.\n- (i) a particular aspect of waste management relevant to the entity; or\n- (ii) some or all aspects of waste management relevant to the entity; and","sortOrder":330},{"sectionNumber":"ch.6-pt.2","sectionType":"part","heading":"Local government strategic planning for waste","content":"# Local government strategic planning for waste","sortOrder":331},{"sectionNumber":"ch.6-pt.2-div.1","sectionType":"division","heading":"Introduction","content":"## Introduction","sortOrder":332},{"sectionNumber":"sec.121","sectionType":"section","heading":"Object of pt 2","content":"### sec.121 Object of pt 2\n\nThe object of this part is to provide for each local government to prepare, adopt and implement a plan for managing waste, in its local government area, in a way that best achieves the objects of this Act.","sortOrder":333},{"sectionNumber":"sec.122","sectionType":"section","heading":"Local governments combining on a regional basis","content":"### sec.122 Local governments combining on a regional basis\n\nIf 2 or more local governments combine as a single entity to prepare a waste reduction and recycling plan for an aspect of waste management, the plan must satisfy the requirements for waste reduction and recycling plans for that aspect of waste management for all the local governments.","sortOrder":334},{"sectionNumber":"ch.6-pt.2-div.2","sectionType":"division","heading":"Obligation of local government for waste reduction and recycling plans","content":"## Obligation of local government for waste reduction and recycling plans","sortOrder":335},{"sectionNumber":"sec.123","sectionType":"section","heading":"Local government’s waste reduction and recycling plan obligation","content":"### sec.123 Local government’s waste reduction and recycling plan obligation\n\nOn and from the day prescribed under a regulation, a local government has an obligation at all times to ensure that—\nall aspects of waste management in its local government area are comprehensively addressed by 1 or more waste reduction and recycling plans; and\neach waste reduction and recycling plan has been prepared by the local government or with its approval, and has been adopted by the local government; and\neach waste reduction and recycling plan is being implemented in accordance with its terms.\nWithout limiting subsection (1) , the local government’s waste reduction and recycling plans must, to the extent reasonably practicable, include the following—\nwaste reduction and recycling targets for—\nwaste generated by the local government in carrying out its activities; and\nwaste generated by households in the local government’s local government area; and\nother waste generated in the local government’s local government area other than by the local government;\nactions to be taken to improve waste reduction and recycling of—\nwaste generated by the local government in carrying out its activities; and\nwaste generated by households in the local government’s local government area; and\nother waste generated in the local government’s local government area other than by the local government;\ndetails of current and proposed waste infrastructure;\nthe management and monitoring of the local government’s performance under the plans;\ninformation about achieving continuous improvement in waste management;\nother matters prescribed under a regulation about the requirements for a local government’s waste reduction and recycling plans.\ns 123 amd 2013 No. 6 s 32\n(sec.123-ssec.1) On and from the day prescribed under a regulation, a local government has an obligation at all times to ensure that— all aspects of waste management in its local government area are comprehensively addressed by 1 or more waste reduction and recycling plans; and each waste reduction and recycling plan has been prepared by the local government or with its approval, and has been adopted by the local government; and each waste reduction and recycling plan is being implemented in accordance with its terms.\n(sec.123-ssec.2) Without limiting subsection (1) , the local government’s waste reduction and recycling plans must, to the extent reasonably practicable, include the following— waste reduction and recycling targets for— waste generated by the local government in carrying out its activities; and waste generated by households in the local government’s local government area; and other waste generated in the local government’s local government area other than by the local government; actions to be taken to improve waste reduction and recycling of— waste generated by the local government in carrying out its activities; and waste generated by households in the local government’s local government area; and other waste generated in the local government’s local government area other than by the local government; details of current and proposed waste infrastructure; the management and monitoring of the local government’s performance under the plans; information about achieving continuous improvement in waste management; other matters prescribed under a regulation about the requirements for a local government’s waste reduction and recycling plans.\n- (a) all aspects of waste management in its local government area are comprehensively addressed by 1 or more waste reduction and recycling plans; and\n- (b) each waste reduction and recycling plan has been prepared by the local government or with its approval, and has been adopted by the local government; and\n- (c) each waste reduction and recycling plan is being implemented in accordance with its terms.\n- (a) waste reduction and recycling targets for— (i) waste generated by the local government in carrying out its activities; and (ii) waste generated by households in the local government’s local government area; and (iii) other waste generated in the local government’s local government area other than by the local government;\n- (i) waste generated by the local government in carrying out its activities; and\n- (ii) waste generated by households in the local government’s local government area; and\n- (iii) other waste generated in the local government’s local government area other than by the local government;\n- (b) actions to be taken to improve waste reduction and recycling of— (i) waste generated by the local government in carrying out its activities; and (ii) waste generated by households in the local government’s local government area; and (iii) other waste generated in the local government’s local government area other than by the local government;\n- (i) waste generated by the local government in carrying out its activities; and\n- (ii) waste generated by households in the local government’s local government area; and\n- (iii) other waste generated in the local government’s local government area other than by the local government;\n- (c) details of current and proposed waste infrastructure;\n- (d) the management and monitoring of the local government’s performance under the plans;\n- (e) information about achieving continuous improvement in waste management;\n- (f) other matters prescribed under a regulation about the requirements for a local government’s waste reduction and recycling plans.\n- (i) waste generated by the local government in carrying out its activities; and\n- (ii) waste generated by households in the local government’s local government area; and\n- (iii) other waste generated in the local government’s local government area other than by the local government;\n- (i) waste generated by the local government in carrying out its activities; and\n- (ii) waste generated by households in the local government’s local government area; and\n- (iii) other waste generated in the local government’s local government area other than by the local government;","sortOrder":336},{"sectionNumber":"sec.124","sectionType":"section","heading":"Matters to be complied with in the preparation and adoption of a local government’s waste reduction and recycling plan","content":"### sec.124 Matters to be complied with in the preparation and adoption of a local government’s waste reduction and recycling plan\n\nA local government, in preparing or adopting a waste reduction and recycling plan for its local government area, must have regard to—\ncurrent and predicted information about the following matters relating to its area—\npopulation profiles;\nresidential, industrial and commercial development;\namounts and types of waste generated; and\nthe services, markets and facilities relevant to dealing with different types and amounts of waste; and\nthe waste and resource management hierarchy; and\nthe waste and resource management principles; and\nhow the goals and targets of the State’s waste management strategy will be achieved.\nSubsection (1) does not limit the matters the local government may or ought to have regard to.\nA waste reduction and recycling plan for a local government must provide for the plan to be in effect for a period (the implementation period for the plan) of at least 3 years.\nSubsection (3) does not stop a waste reduction and recycling plan being amended or replaced within the implementation period for the plan.\n(sec.124-ssec.1) A local government, in preparing or adopting a waste reduction and recycling plan for its local government area, must have regard to— current and predicted information about the following matters relating to its area— population profiles; residential, industrial and commercial development; amounts and types of waste generated; and the services, markets and facilities relevant to dealing with different types and amounts of waste; and the waste and resource management hierarchy; and the waste and resource management principles; and how the goals and targets of the State’s waste management strategy will be achieved.\n(sec.124-ssec.2) Subsection (1) does not limit the matters the local government may or ought to have regard to.\n(sec.124-ssec.3) A waste reduction and recycling plan for a local government must provide for the plan to be in effect for a period (the implementation period for the plan) of at least 3 years.\n(sec.124-ssec.4) Subsection (3) does not stop a waste reduction and recycling plan being amended or replaced within the implementation period for the plan.\n- (a) current and predicted information about the following matters relating to its area— (i) population profiles; (ii) residential, industrial and commercial development; (iii) amounts and types of waste generated; and\n- (i) population profiles;\n- (ii) residential, industrial and commercial development;\n- (iii) amounts and types of waste generated; and\n- (b) the services, markets and facilities relevant to dealing with different types and amounts of waste; and\n- (c) the waste and resource management hierarchy; and\n- (d) the waste and resource management principles; and\n- (e) how the goals and targets of the State’s waste management strategy will be achieved.\n- (i) population profiles;\n- (ii) residential, industrial and commercial development;\n- (iii) amounts and types of waste generated; and","sortOrder":337},{"sectionNumber":"sec.125","sectionType":"section","heading":"Adoption of plan following consultation","content":"### sec.125 Adoption of plan following consultation\n\nA local government must by resolution adopt a waste reduction and recycling plan, or an amendment of a waste reduction and recycling plan, before the plan or amendment is implemented in its local government area.\nBefore adopting the plan or amendment, the local government must consult with the public about the proposed plan or amendment.\nThe level of consultation must be appropriate in the circumstances, having regard to the level of significance of the plan or amendment.\nHowever, if a new waste reduction and recycling plan is proposed to be adopted, or a proposed amendment of a waste reduction and recycling plan will substantially affect the operation of the plan, the proposed plan or amendment must be made available for public comment, including especially by households and businesses, for at least 28 days.\nThe local government must, in finalising a plan or amendment for adoption, take into account any submissions received about the plan or amendment.\n(sec.125-ssec.1) A local government must by resolution adopt a waste reduction and recycling plan, or an amendment of a waste reduction and recycling plan, before the plan or amendment is implemented in its local government area.\n(sec.125-ssec.2) Before adopting the plan or amendment, the local government must consult with the public about the proposed plan or amendment.\n(sec.125-ssec.3) The level of consultation must be appropriate in the circumstances, having regard to the level of significance of the plan or amendment.\n(sec.125-ssec.4) However, if a new waste reduction and recycling plan is proposed to be adopted, or a proposed amendment of a waste reduction and recycling plan will substantially affect the operation of the plan, the proposed plan or amendment must be made available for public comment, including especially by households and businesses, for at least 28 days.\n(sec.125-ssec.5) The local government must, in finalising a plan or amendment for adoption, take into account any submissions received about the plan or amendment.","sortOrder":338},{"sectionNumber":"sec.126","sectionType":"section","heading":"Review of plan","content":"### sec.126 Review of plan\n\nA local government must, at least every 5 years, review each waste reduction and recycling plan having effect in its local government area.\ns 126 amd 2023 No. 15 s 19A","sortOrder":339},{"sectionNumber":"sec.127","sectionType":"section","heading":"Amendment of plan","content":"### sec.127 Amendment of plan\n\nA local government may adopt an amendment of a waste reduction and recycling plan having effect in its local government area if it considers the amendment to be appropriate, having regard to—\nchanging waste reduction and recycling opportunities; and\nchanging circumstances in which the plan operates; and\nother matters arising from a review of the plan as required under this part; and\nanything else the local government considers relevant.\nA local government may not adopt an amendment of a waste reduction and recycling plan having effect in 2 or more local government areas unless all the local governments adopt the amendment.\n(sec.127-ssec.1) A local government may adopt an amendment of a waste reduction and recycling plan having effect in its local government area if it considers the amendment to be appropriate, having regard to— changing waste reduction and recycling opportunities; and changing circumstances in which the plan operates; and other matters arising from a review of the plan as required under this part; and anything else the local government considers relevant.\n(sec.127-ssec.2) A local government may not adopt an amendment of a waste reduction and recycling plan having effect in 2 or more local government areas unless all the local governments adopt the amendment.\n- (a) changing waste reduction and recycling opportunities; and\n- (b) changing circumstances in which the plan operates; and\n- (c) other matters arising from a review of the plan as required under this part; and\n- (d) anything else the local government considers relevant.","sortOrder":340},{"sectionNumber":"ch.6-pt.2-div.3","sectionType":"division","heading":"Chief executive action to prepare waste reduction and recycling plan for local government","content":"## Chief executive action to prepare waste reduction and recycling plan for local government","sortOrder":341},{"sectionNumber":"sec.128","sectionType":"section","heading":"Chief executive may prepare waste reduction and recycling plan","content":"### sec.128 Chief executive may prepare waste reduction and recycling plan\n\nThis section applies if, in contravention of a local government’s waste reduction and recycling plan obligation, the local government does not have in place a waste reduction and recycling plan addressing an aspect of waste reduction and recycling relevant to the local government.\nThe chief executive may prepare a waste reduction and recycling plan for the local government to address the aspect.\nBefore preparing the plan, the chief executive must give notice to the local government stating the following—\nthe chief executive’s intention to prepare the plan;\nthe reasons why it is necessary for the plan to be prepared;\nthat the local government may make a written submission to the chief executive about the chief executive’s intention to prepare the plan;\nthat the submission must be received by the chief executive within 28 days after the local government receives the notice (the submission period ).\nThe local government’s written submission may include details of actions the local government intends to take to ensure it complies with its waste reduction and recycling plan obligation.\nIf after the submission period ends, and the consideration of any submissions, the chief executive still proposes to prepare the plan, the chief executive must give the local government an information notice for the chief executive’s decision to prepare the plan.\nThe chief executive must prepare and adopt the plan, to the greatest practicable extent, as if it were the local government.\nThe chief executive must consult on, and publicise, the plan to the same extent the local government would have been required to consult and publicise.\nThe plan, as prepared and adopted by the chief executive, has effect as, and may be taken to be, a waste reduction and recycling plan prepared and adopted by the local government, and must be implemented by the local government in accordance with its terms.\nThe local government must reimburse the chief executive for all costs, charges and expenses reasonably incurred by the chief executive in acting under this section.\nAn amount owing under subsection (8) may be recovered by the chief executive from the local government as a debt payable by the local government to the State, and may at the chief executive’s discretion be retained from any amount otherwise payable by the State to the local government for any reason.\n(sec.128-ssec.1) This section applies if, in contravention of a local government’s waste reduction and recycling plan obligation, the local government does not have in place a waste reduction and recycling plan addressing an aspect of waste reduction and recycling relevant to the local government.\n(sec.128-ssec.2) The chief executive may prepare a waste reduction and recycling plan for the local government to address the aspect.\n(sec.128-ssec.3) Before preparing the plan, the chief executive must give notice to the local government stating the following— the chief executive’s intention to prepare the plan; the reasons why it is necessary for the plan to be prepared; that the local government may make a written submission to the chief executive about the chief executive’s intention to prepare the plan; that the submission must be received by the chief executive within 28 days after the local government receives the notice (the submission period ).\n(sec.128-ssec.4) The local government’s written submission may include details of actions the local government intends to take to ensure it complies with its waste reduction and recycling plan obligation.\n(sec.128-ssec.5) If after the submission period ends, and the consideration of any submissions, the chief executive still proposes to prepare the plan, the chief executive must give the local government an information notice for the chief executive’s decision to prepare the plan.\n(sec.128-ssec.6) The chief executive must prepare and adopt the plan, to the greatest practicable extent, as if it were the local government. The chief executive must consult on, and publicise, the plan to the same extent the local government would have been required to consult and publicise.\n(sec.128-ssec.7) The plan, as prepared and adopted by the chief executive, has effect as, and may be taken to be, a waste reduction and recycling plan prepared and adopted by the local government, and must be implemented by the local government in accordance with its terms.\n(sec.128-ssec.8) The local government must reimburse the chief executive for all costs, charges and expenses reasonably incurred by the chief executive in acting under this section.\n(sec.128-ssec.9) An amount owing under subsection (8) may be recovered by the chief executive from the local government as a debt payable by the local government to the State, and may at the chief executive’s discretion be retained from any amount otherwise payable by the State to the local government for any reason.\n- (a) the chief executive’s intention to prepare the plan;\n- (b) the reasons why it is necessary for the plan to be prepared;\n- (c) that the local government may make a written submission to the chief executive about the chief executive’s intention to prepare the plan;\n- (d) that the submission must be received by the chief executive within 28 days after the local government receives the notice (the submission period ).","sortOrder":342},{"sectionNumber":"sec.129","sectionType":"section","heading":null,"content":"### Section sec.129\n\ns 129 om 2013 No. 6 s 33","sortOrder":343},{"sectionNumber":"ch.6-pt.2-div.4","sectionType":"division","heading":"Requirements applying after adoption of waste reduction and recycling plan","content":"## Requirements applying after adoption of waste reduction and recycling plan","sortOrder":344},{"sectionNumber":"sec.130","sectionType":"section","heading":"Inspection and availability for purchase of plan","content":"### sec.130 Inspection and availability for purchase of plan\n\nA local government must ensure that—\nan up-to-date version of each waste reduction and recycling plan having effect in its local government area may be inspected free of charge during office hours at the local government’s public office; and\na copy of the version may be obtained from the local government for no cost, or for a reasonable fee as decided by the local government; and\nthe plan is otherwise made publicly available in a way the local government considers appropriate for its local government area.\nHowever, for a waste reduction and recycling plan adopted by 2 or more local governments, the local government must not charge a fee under subsection (1) (b) unless the same fee is charged by all the local governments that adopted the plan.\n(sec.130-ssec.1) A local government must ensure that— an up-to-date version of each waste reduction and recycling plan having effect in its local government area may be inspected free of charge during office hours at the local government’s public office; and a copy of the version may be obtained from the local government for no cost, or for a reasonable fee as decided by the local government; and the plan is otherwise made publicly available in a way the local government considers appropriate for its local government area.\n(sec.130-ssec.2) However, for a waste reduction and recycling plan adopted by 2 or more local governments, the local government must not charge a fee under subsection (1) (b) unless the same fee is charged by all the local governments that adopted the plan.\n- (a) an up-to-date version of each waste reduction and recycling plan having effect in its local government area may be inspected free of charge during office hours at the local government’s public office; and\n- (b) a copy of the version may be obtained from the local government for no cost, or for a reasonable fee as decided by the local government; and\n- (c) the plan is otherwise made publicly available in a way the local government considers appropriate for its local government area.","sortOrder":345},{"sectionNumber":"ch.6-pt.3","sectionType":"part","heading":"State entity strategic planning for waste","content":"# State entity strategic planning for waste","sortOrder":346},{"sectionNumber":"ch.6-pt.3-div.1","sectionType":"division","heading":"Introduction","content":"## Introduction","sortOrder":347},{"sectionNumber":"sec.131","sectionType":"section","heading":"Object of pt 3","content":"### sec.131 Object of pt 3\n\nThe object of this part is to provide for the chief executive officer of each State entity to prepare, adopt and implement a plan for managing the entity’s waste in a way that best achieves the objects of this Act.","sortOrder":348},{"sectionNumber":"sec.132","sectionType":"section","heading":"What is a State entity and who is its chief executive officer","content":"### sec.132 What is a State entity and who is its chief executive officer\n\nEach of the following is a State entity —\na department;\nan entity that—\nunder the Public Sector Act 2022 , section 276 , is a government entity but is not a government owned corporation; and\nis prescribed under a regulation to be a State entity for this Act.\nThe chief executive officer of a State entity is the person who is—\nif the entity is a department—the chief executive of the department; or\notherwise—the person who is the chief executive officer of the entity, by whatever name known.\ns 132 amd 2013 No. 6 s 34 ; 2022 No. 34 s 365 sch 3\n(sec.132-ssec.1) Each of the following is a State entity — a department; an entity that— under the Public Sector Act 2022 , section 276 , is a government entity but is not a government owned corporation; and is prescribed under a regulation to be a State entity for this Act.\n(sec.132-ssec.2) The chief executive officer of a State entity is the person who is— if the entity is a department—the chief executive of the department; or otherwise—the person who is the chief executive officer of the entity, by whatever name known.\n- (a) a department;\n- (b) an entity that— (i) under the Public Sector Act 2022 , section 276 , is a government entity but is not a government owned corporation; and (ii) is prescribed under a regulation to be a State entity for this Act.\n- (i) under the Public Sector Act 2022 , section 276 , is a government entity but is not a government owned corporation; and\n- (ii) is prescribed under a regulation to be a State entity for this Act.\n- (i) under the Public Sector Act 2022 , section 276 , is a government entity but is not a government owned corporation; and\n- (ii) is prescribed under a regulation to be a State entity for this Act.\n- (a) if the entity is a department—the chief executive of the department; or\n- (b) otherwise—the person who is the chief executive officer of the entity, by whatever name known.","sortOrder":349},{"sectionNumber":"ch.6-pt.3-div.2","sectionType":"division","heading":"Obligation of chief executive officer of State entity for waste reduction and recycling plan","content":"## Obligation of chief executive officer of State entity for waste reduction and recycling plan","sortOrder":350},{"sectionNumber":"sec.133","sectionType":"section","heading":"State entity’s waste reduction and recycling plan obligation","content":"### sec.133 State entity’s waste reduction and recycling plan obligation\n\nOn and from the day prescribed under a regulation, the chief executive officer of a State entity has an obligation at all times to ensure that—\nall aspects of waste management for the entity are comprehensively addressed by a waste reduction and recycling plan for the entity; and\nthe waste reduction and recycling plan has been adopted by the chief executive officer; and\nthe waste reduction and recycling plan is being implemented in accordance with its terms.\nWithout limiting subsection (1) , the State entity’s waste reduction and recycling plan must include the following—\nwaste reduction and recycling targets for waste generated by the State entity in carrying out its activities;\nactions to be taken to improve waste reduction and recycling of waste generated by the State entity in carrying out its activities;\nthe management and monitoring of the State entity’s performance under the plan;\ninformation about achieving continuous improvement in waste management;\nother matters prescribed under a regulation about the requirements for a State entity’s waste reduction and recycling plan.\nIf the State entity is a department (the first department ), the chief executive of the first department may adopt, for the first department’s waste reduction and recycling plan, the waste reduction and recycling plan of another department if the other department’s plan sufficiently provides for the first department.\ns 133 amd 2013 No. 6 s 35\n(sec.133-ssec.1) On and from the day prescribed under a regulation, the chief executive officer of a State entity has an obligation at all times to ensure that— all aspects of waste management for the entity are comprehensively addressed by a waste reduction and recycling plan for the entity; and the waste reduction and recycling plan has been adopted by the chief executive officer; and the waste reduction and recycling plan is being implemented in accordance with its terms.\n(sec.133-ssec.2) Without limiting subsection (1) , the State entity’s waste reduction and recycling plan must include the following— waste reduction and recycling targets for waste generated by the State entity in carrying out its activities; actions to be taken to improve waste reduction and recycling of waste generated by the State entity in carrying out its activities; the management and monitoring of the State entity’s performance under the plan; information about achieving continuous improvement in waste management; other matters prescribed under a regulation about the requirements for a State entity’s waste reduction and recycling plan.\n(sec.133-ssec.3) If the State entity is a department (the first department ), the chief executive of the first department may adopt, for the first department’s waste reduction and recycling plan, the waste reduction and recycling plan of another department if the other department’s plan sufficiently provides for the first department.\n- (a) all aspects of waste management for the entity are comprehensively addressed by a waste reduction and recycling plan for the entity; and\n- (b) the waste reduction and recycling plan has been adopted by the chief executive officer; and\n- (c) the waste reduction and recycling plan is being implemented in accordance with its terms.\n- (a) waste reduction and recycling targets for waste generated by the State entity in carrying out its activities;\n- (b) actions to be taken to improve waste reduction and recycling of waste generated by the State entity in carrying out its activities;\n- (c) the management and monitoring of the State entity’s performance under the plan;\n- (d) information about achieving continuous improvement in waste management;\n- (e) other matters prescribed under a regulation about the requirements for a State entity’s waste reduction and recycling plan.","sortOrder":351},{"sectionNumber":"sec.134","sectionType":"section","heading":"Matters to be complied with in the preparation and adoption of a State entity’s waste reduction and recycling plan","content":"### sec.134 Matters to be complied with in the preparation and adoption of a State entity’s waste reduction and recycling plan\n\nThe chief executive officer of a State entity, in preparing or adopting a waste reduction and recycling plan for the entity, must have regard to—\ncurrent and predicted information about the entity’s waste; and\nthe waste and resource management hierarchy; and\nthe waste and resource management principles; and\nhow the goals and targets of the State’s waste management strategy will be achieved.\nSubsection (1) does not limit the matters the chief executive officer of the State entity may or ought to have regard to.\nA waste reduction and recycling plan for a State entity must provide for the plan to be in effect for a period (the implementation period for the plan) of at least 3 years.\nSubsection (3) does not stop a waste reduction and recycling plan being amended or replaced within the implementation period for the plan.\n(sec.134-ssec.1) The chief executive officer of a State entity, in preparing or adopting a waste reduction and recycling plan for the entity, must have regard to— current and predicted information about the entity’s waste; and the waste and resource management hierarchy; and the waste and resource management principles; and how the goals and targets of the State’s waste management strategy will be achieved.\n(sec.134-ssec.2) Subsection (1) does not limit the matters the chief executive officer of the State entity may or ought to have regard to.\n(sec.134-ssec.3) A waste reduction and recycling plan for a State entity must provide for the plan to be in effect for a period (the implementation period for the plan) of at least 3 years.\n(sec.134-ssec.4) Subsection (3) does not stop a waste reduction and recycling plan being amended or replaced within the implementation period for the plan.\n- (a) current and predicted information about the entity’s waste; and\n- (b) the waste and resource management hierarchy; and\n- (c) the waste and resource management principles; and\n- (d) how the goals and targets of the State’s waste management strategy will be achieved.","sortOrder":352},{"sectionNumber":"sec.135","sectionType":"section","heading":"Inspection and availability for purchase of plan","content":"### sec.135 Inspection and availability for purchase of plan\n\nThe chief executive officer of a State entity must ensure that—\nan up-to-date version of the State entity’s waste reduction and recycling plan is published on the entity’s website and may be inspected free of charge during office hours at an office of the entity nominated by the chief executive officer; and\na copy of the version may be obtained from the State entity for no cost, or for a reasonable fee as decided by the chief executive officer.\n- (a) an up-to-date version of the State entity’s waste reduction and recycling plan is published on the entity’s website and may be inspected free of charge during office hours at an office of the entity nominated by the chief executive officer; and\n- (b) a copy of the version may be obtained from the State entity for no cost, or for a reasonable fee as decided by the chief executive officer.","sortOrder":353},{"sectionNumber":"sec.136","sectionType":"section","heading":"Review of plan","content":"### sec.136 Review of plan\n\nThe chief executive officer of a State entity must, at least every 5 years, review the entity’s waste reduction and recycling plan.\ns 136 amd 2023 No. 23 s 19B","sortOrder":354},{"sectionNumber":"sec.137","sectionType":"section","heading":"Amendment of plan","content":"### sec.137 Amendment of plan\n\nThe chief executive officer of a State entity may adopt an amendment of the entity’s waste reduction and recycling plan if the chief executive officer considers the amendment to be appropriate, having regard to—\nchanging waste reduction and recycling opportunities; and\nchanging circumstances in which the plan operates; and\nother matters arising from a review of the plan as required under this part; and\nanything else the chief executive officer considers relevant.\n- (a) changing waste reduction and recycling opportunities; and\n- (b) changing circumstances in which the plan operates; and\n- (c) other matters arising from a review of the plan as required under this part; and\n- (d) anything else the chief executive officer considers relevant.","sortOrder":355},{"sectionNumber":"ch.6-pt.4","sectionType":"part","heading":"Planning entity strategic planning for waste","content":"# Planning entity strategic planning for waste","sortOrder":356},{"sectionNumber":"ch.6-pt.4-div.1","sectionType":"division","heading":"Introduction","content":"## Introduction","sortOrder":357},{"sectionNumber":"sec.138","sectionType":"section","heading":"Object of pt 4","content":"### sec.138 Object of pt 4\n\nThe object of this part is to provide for each entity that is a planning entity to implement a plan for managing the entity’s waste in a way that best achieves the objects of this Act.","sortOrder":358},{"sectionNumber":"ch.6-pt.4-div.2","sectionType":"division","heading":"Establishing status as planning entity","content":"## Establishing status as planning entity","sortOrder":359},{"sectionNumber":"sec.139","sectionType":"section","heading":"Identification of planning entity and of what is relevant waste for a planning entity","content":"### sec.139 Identification of planning entity and of what is relevant waste for a planning entity\n\nAn entity is a planning entity if—\nthe chief executive has identified the entity as a planning entity; and\nthe chief executive has given the entity an information notice for the decision to identify the entity as a planning entity; and\nany period for the internal or external review of the decision, including any period of appeal, has expired.\nAlso, an entity is a planning entity if the entity is part of a sector of entities (a sector of planning entities ) prescribed under a regulation.\nDespite subsection (2) , the chief executive is not stopped from identifying an entity as a planning entity and giving it an information notice under subsection (1) on the basis that the entity is part of a sector of planning entities.\nThe chief executive may identify an entity as a planning entity only on the basis of 1 or more of the following, having regard to the entity’s activities—\nthe total waste generated by the entity in carrying on its activities is more than the threshold prescribed under a regulation;\nthe entity is a planning entity under subsection (2) ;\nwaste generated by the entity in carrying on its activities is or includes waste that is a priority product prescribed under a regulation as a priority product to which this paragraph applies;\nwaste generated by the entity in carrying on its activities is or includes waste that is regulated waste prescribed under a regulation as regulated waste to which this paragraph applies.\nIf an entity is identified as a planning entity on the basis of subsection (4) (a) , all waste generated by the entity is relevant waste for the entity, regardless of whether the entity is also a planning entity on any other basis under this section.\nIf subsection (5) does not apply to a planning entity, the following waste is relevant waste for the entity—\nif the entity is a planning entity on the basis of being part of a sector of planning entities—sector waste for the sector of planning entities;\nif the entity is identified as a planning entity on the basis of subsection (4) (c) —the priority product prescribed under subsection (4) (c) ;\nif the entity is identified as a planning entity on the basis of subsection (4) (d) —the regulated waste prescribed under subsection (4) (d) .\nFor subsection (6) , it does not matter if particular waste generated by an entity is relevant waste for the entity under more than 1 paragraph of the subsection.\nAn entity that, apart from this subsection, could be identified as a planning entity in relation to a priority product on the basis of subsection (4) (c) , can not be identified as a planning entity in relation to the product if the entity—\nis a participant in an accredited product stewardship scheme or approved program applying to the product; and\nis meeting its obligations under the scheme or program in relation to the priority product.\nIn this section—\nsector waste , for a sector of planning entities, means waste of the type ordinarily generated by the sector of planning entities or as identified, in the regulation prescribing the sector of planning entities, as waste ordinarily generated by the sector.\n(sec.139-ssec.1) An entity is a planning entity if— the chief executive has identified the entity as a planning entity; and the chief executive has given the entity an information notice for the decision to identify the entity as a planning entity; and any period for the internal or external review of the decision, including any period of appeal, has expired.\n(sec.139-ssec.2) Also, an entity is a planning entity if the entity is part of a sector of entities (a sector of planning entities ) prescribed under a regulation.\n(sec.139-ssec.3) Despite subsection (2) , the chief executive is not stopped from identifying an entity as a planning entity and giving it an information notice under subsection (1) on the basis that the entity is part of a sector of planning entities.\n(sec.139-ssec.4) The chief executive may identify an entity as a planning entity only on the basis of 1 or more of the following, having regard to the entity’s activities— the total waste generated by the entity in carrying on its activities is more than the threshold prescribed under a regulation; the entity is a planning entity under subsection (2) ; waste generated by the entity in carrying on its activities is or includes waste that is a priority product prescribed under a regulation as a priority product to which this paragraph applies; waste generated by the entity in carrying on its activities is or includes waste that is regulated waste prescribed under a regulation as regulated waste to which this paragraph applies.\n(sec.139-ssec.5) If an entity is identified as a planning entity on the basis of subsection (4) (a) , all waste generated by the entity is relevant waste for the entity, regardless of whether the entity is also a planning entity on any other basis under this section.\n(sec.139-ssec.6) If subsection (5) does not apply to a planning entity, the following waste is relevant waste for the entity— if the entity is a planning entity on the basis of being part of a sector of planning entities—sector waste for the sector of planning entities; if the entity is identified as a planning entity on the basis of subsection (4) (c) —the priority product prescribed under subsection (4) (c) ; if the entity is identified as a planning entity on the basis of subsection (4) (d) —the regulated waste prescribed under subsection (4) (d) .\n(sec.139-ssec.7) For subsection (6) , it does not matter if particular waste generated by an entity is relevant waste for the entity under more than 1 paragraph of the subsection.\n(sec.139-ssec.8) An entity that, apart from this subsection, could be identified as a planning entity in relation to a priority product on the basis of subsection (4) (c) , can not be identified as a planning entity in relation to the product if the entity— is a participant in an accredited product stewardship scheme or approved program applying to the product; and is meeting its obligations under the scheme or program in relation to the priority product.\n(sec.139-ssec.9) In this section— sector waste , for a sector of planning entities, means waste of the type ordinarily generated by the sector of planning entities or as identified, in the regulation prescribing the sector of planning entities, as waste ordinarily generated by the sector.\n- (a) the chief executive has identified the entity as a planning entity; and\n- (b) the chief executive has given the entity an information notice for the decision to identify the entity as a planning entity; and\n- (c) any period for the internal or external review of the decision, including any period of appeal, has expired.\n- (a) the total waste generated by the entity in carrying on its activities is more than the threshold prescribed under a regulation;\n- (b) the entity is a planning entity under subsection (2) ;\n- (c) waste generated by the entity in carrying on its activities is or includes waste that is a priority product prescribed under a regulation as a priority product to which this paragraph applies;\n- (d) waste generated by the entity in carrying on its activities is or includes waste that is regulated waste prescribed under a regulation as regulated waste to which this paragraph applies.\n- (a) if the entity is a planning entity on the basis of being part of a sector of planning entities—sector waste for the sector of planning entities;\n- (b) if the entity is identified as a planning entity on the basis of subsection (4) (c) —the priority product prescribed under subsection (4) (c) ;\n- (c) if the entity is identified as a planning entity on the basis of subsection (4) (d) —the regulated waste prescribed under subsection (4) (d) .\n- (a) is a participant in an accredited product stewardship scheme or approved program applying to the product; and\n- (b) is meeting its obligations under the scheme or program in relation to the priority product.","sortOrder":360},{"sectionNumber":"sec.140","sectionType":"section","heading":"Notification of status as planning entity","content":"### sec.140 Notification of status as planning entity\n\nThis section applies if, under this part, the chief executive gives an entity an information notice for the chief executive’s decision to identify the entity as a planning entity.\nWithout limiting what the information notice may or must include, the information notice must additionally include the following information—\nthat the entity must, under the planning entity’s waste reduction and recycling plan obligation, adopt and implement a waste reduction and recycling plan for the entity’s relevant waste;\nwhen the planning entity’s waste reduction and recycling plan obligation will start to apply to the entity.\n(sec.140-ssec.1) This section applies if, under this part, the chief executive gives an entity an information notice for the chief executive’s decision to identify the entity as a planning entity.\n(sec.140-ssec.2) Without limiting what the information notice may or must include, the information notice must additionally include the following information— that the entity must, under the planning entity’s waste reduction and recycling plan obligation, adopt and implement a waste reduction and recycling plan for the entity’s relevant waste; when the planning entity’s waste reduction and recycling plan obligation will start to apply to the entity.\n- (a) that the entity must, under the planning entity’s waste reduction and recycling plan obligation, adopt and implement a waste reduction and recycling plan for the entity’s relevant waste;\n- (b) when the planning entity’s waste reduction and recycling plan obligation will start to apply to the entity.","sortOrder":361},{"sectionNumber":"ch.6-pt.4-div.3","sectionType":"division","heading":"Obligation of planning entity for waste reduction and recycling plan","content":"## Obligation of planning entity for waste reduction and recycling plan","sortOrder":362},{"sectionNumber":"sec.141","sectionType":"section","heading":"Planning entity’s waste reduction and recycling plan obligation","content":"### sec.141 Planning entity’s waste reduction and recycling plan obligation\n\nA planning entity has an obligation at all times to ensure that—\nall aspects of waste reduction and recycling for the entity’s relevant waste are comprehensively addressed by a waste reduction and recycling plan for the entity; and\nthe waste reduction and recycling plan has been adopted by the planning entity; and\nthe waste reduction and recycling plan is being implemented in accordance with its terms.\nHowever, if a sector of planning entities has prepared a waste reduction and recycling plan for the sector, a planning entity, to the extent it is a planning entity because it is part of a sector of planning entities, may, in relation to the entity’s relevant waste that is also sector waste for the sector, adopt the sector’s plan as its own plan if—\nthe sector’s plan complies with the requirements of this chapter for a waste reduction and recycling plan for a sector of planning entities; and\nthe sector’s plan effectively includes the requirements for a waste reduction and recycling plan for the entity in relation to the entity’s relevant waste that is sector waste for the sector.\nA planning entity must comply with the obligation stated in subsection (1) unless it has a reasonable excuse.\nMaximum penalty—100 penalty units.\nHowever, subsection (3) does not start to apply to a planning entity until the day prescribed under a regulation.\ns 141 amd 2013 No. 6 s 36\n(sec.141-ssec.1) A planning entity has an obligation at all times to ensure that— all aspects of waste reduction and recycling for the entity’s relevant waste are comprehensively addressed by a waste reduction and recycling plan for the entity; and the waste reduction and recycling plan has been adopted by the planning entity; and the waste reduction and recycling plan is being implemented in accordance with its terms.\n(sec.141-ssec.2) However, if a sector of planning entities has prepared a waste reduction and recycling plan for the sector, a planning entity, to the extent it is a planning entity because it is part of a sector of planning entities, may, in relation to the entity’s relevant waste that is also sector waste for the sector, adopt the sector’s plan as its own plan if— the sector’s plan complies with the requirements of this chapter for a waste reduction and recycling plan for a sector of planning entities; and the sector’s plan effectively includes the requirements for a waste reduction and recycling plan for the entity in relation to the entity’s relevant waste that is sector waste for the sector.\n(sec.141-ssec.3) A planning entity must comply with the obligation stated in subsection (1) unless it has a reasonable excuse. Maximum penalty—100 penalty units.\n(sec.141-ssec.4) However, subsection (3) does not start to apply to a planning entity until the day prescribed under a regulation.\n- (a) all aspects of waste reduction and recycling for the entity’s relevant waste are comprehensively addressed by a waste reduction and recycling plan for the entity; and\n- (b) the waste reduction and recycling plan has been adopted by the planning entity; and\n- (c) the waste reduction and recycling plan is being implemented in accordance with its terms.\n- (a) the sector’s plan complies with the requirements of this chapter for a waste reduction and recycling plan for a sector of planning entities; and\n- (b) the sector’s plan effectively includes the requirements for a waste reduction and recycling plan for the entity in relation to the entity’s relevant waste that is sector waste for the sector.","sortOrder":363},{"sectionNumber":"sec.142","sectionType":"section","heading":"Requirements for waste reduction and recycling plan","content":"### sec.142 Requirements for waste reduction and recycling plan\n\nThis section states requirements for a waste reduction and recycling plan for a planning entity or sector of planning entities.\nThe plan must have regard to—\ncurrent and predicted information about waste; and\nthe waste and resource management hierarchy; and\nthe waste and resource management principles; and\nthe State’s waste management strategy; and\nany other matters prescribed under a regulation about the requirements for a waste reduction and recycling plan.\nThe plan must include the following information—\nthe amounts and types of waste that is currently generated;\nhow the waste is to be dealt with, including how and in what amounts the types of waste are to be dealt with under each of the precepts making up the waste and resource management hierarchy;\ngoals to reduce waste generated;\nindicators or performance measures on which performance under the plan will be assessed;\nactions that will be taken to reduce waste generation and to improve recycling;\nany other matters prescribed under a regulation about requirements for a waste reduction and recycling plan.\nSubsection (2) does not limit the matters the plan may or ought to have regard to.\nThe plan must provide for it to be in effect for a period (the implementation period for the plan) of at least 3 years.\nSubsection (5) does not stop the plan being amended or replaced within the implementation period.\nThe plan must provide for its review at least every 3 years.\n(sec.142-ssec.1) This section states requirements for a waste reduction and recycling plan for a planning entity or sector of planning entities.\n(sec.142-ssec.2) The plan must have regard to— current and predicted information about waste; and the waste and resource management hierarchy; and the waste and resource management principles; and the State’s waste management strategy; and any other matters prescribed under a regulation about the requirements for a waste reduction and recycling plan.\n(sec.142-ssec.3) The plan must include the following information— the amounts and types of waste that is currently generated; how the waste is to be dealt with, including how and in what amounts the types of waste are to be dealt with under each of the precepts making up the waste and resource management hierarchy; goals to reduce waste generated; indicators or performance measures on which performance under the plan will be assessed; actions that will be taken to reduce waste generation and to improve recycling; any other matters prescribed under a regulation about requirements for a waste reduction and recycling plan.\n(sec.142-ssec.4) Subsection (2) does not limit the matters the plan may or ought to have regard to.\n(sec.142-ssec.5) The plan must provide for it to be in effect for a period (the implementation period for the plan) of at least 3 years.\n(sec.142-ssec.6) Subsection (5) does not stop the plan being amended or replaced within the implementation period.\n(sec.142-ssec.7) The plan must provide for its review at least every 3 years.\n- (a) current and predicted information about waste; and\n- (b) the waste and resource management hierarchy; and\n- (c) the waste and resource management principles; and\n- (d) the State’s waste management strategy; and\n- (e) any other matters prescribed under a regulation about the requirements for a waste reduction and recycling plan.\n- (a) the amounts and types of waste that is currently generated;\n- (b) how the waste is to be dealt with, including how and in what amounts the types of waste are to be dealt with under each of the precepts making up the waste and resource management hierarchy;\n- (c) goals to reduce waste generated;\n- (d) indicators or performance measures on which performance under the plan will be assessed;\n- (e) actions that will be taken to reduce waste generation and to improve recycling;\n- (f) any other matters prescribed under a regulation about requirements for a waste reduction and recycling plan.","sortOrder":364},{"sectionNumber":"sec.143","sectionType":"section","heading":"Other matters that may be included in a waste reduction and recycling plan","content":"### sec.143 Other matters that may be included in a waste reduction and recycling plan\n\nWithout limiting what is or is not otherwise required under this division for a waste reduction and recycling plan, a waste reduction and recycling plan for a planning entity or sector of planning entities may include or otherwise provide for the following—\na description of the activities carried out that generate waste;\na description of the raw materials, energy and other materials used to carry out the activities mentioned in paragraph (a) ;\nthe conduct of an audit of waste generated in any relevant facility to establish a baseline for future measurement;\nmethods for monitoring waste generated at any relevant facility;\nrisk management strategies that document contingency plans and emergency procedures in relation to regulated waste generated or stored, including, for example, in relation to the spillage of waste;\na purchasing policy that incorporates measures to minimise waste generated at any relevant facility through the use of product substitution, product changes, procedural changes and the replacement of disposable items with re-usable items;\nstrategies for promoting the plan at relevant facilities;\na mechanism for staff of the planning entities to provide feedback about the plan;\nstaff training programs about effective waste management;\nprocedures for segregating waste;\nprocedures for identifying and implementing opportunities to improve waste management practices;\nopportunities, and actions to be taken, in product design, production and packaging to reduce waste;\ndetails of any management systems to be used to deal with waste.\nIn this section—\nrelevant facility means—\nfor a waste reduction and recycling plan for a sector of planning entities—a facility of any planning entity adopting the plan; or\nfor a waste reduction and recycling plan being adopted by a planning entity on a single entity basis—a facility of the planning entity.\n(sec.143-ssec.1) Without limiting what is or is not otherwise required under this division for a waste reduction and recycling plan, a waste reduction and recycling plan for a planning entity or sector of planning entities may include or otherwise provide for the following— a description of the activities carried out that generate waste; a description of the raw materials, energy and other materials used to carry out the activities mentioned in paragraph (a) ; the conduct of an audit of waste generated in any relevant facility to establish a baseline for future measurement; methods for monitoring waste generated at any relevant facility; risk management strategies that document contingency plans and emergency procedures in relation to regulated waste generated or stored, including, for example, in relation to the spillage of waste; a purchasing policy that incorporates measures to minimise waste generated at any relevant facility through the use of product substitution, product changes, procedural changes and the replacement of disposable items with re-usable items; strategies for promoting the plan at relevant facilities; a mechanism for staff of the planning entities to provide feedback about the plan; staff training programs about effective waste management; procedures for segregating waste; procedures for identifying and implementing opportunities to improve waste management practices; opportunities, and actions to be taken, in product design, production and packaging to reduce waste; details of any management systems to be used to deal with waste.\n(sec.143-ssec.2) In this section— relevant facility means— for a waste reduction and recycling plan for a sector of planning entities—a facility of any planning entity adopting the plan; or for a waste reduction and recycling plan being adopted by a planning entity on a single entity basis—a facility of the planning entity.\n- (a) a description of the activities carried out that generate waste;\n- (b) a description of the raw materials, energy and other materials used to carry out the activities mentioned in paragraph (a) ;\n- (c) the conduct of an audit of waste generated in any relevant facility to establish a baseline for future measurement;\n- (d) methods for monitoring waste generated at any relevant facility;\n- (e) risk management strategies that document contingency plans and emergency procedures in relation to regulated waste generated or stored, including, for example, in relation to the spillage of waste;\n- (f) a purchasing policy that incorporates measures to minimise waste generated at any relevant facility through the use of product substitution, product changes, procedural changes and the replacement of disposable items with re-usable items;\n- (g) strategies for promoting the plan at relevant facilities;\n- (h) a mechanism for staff of the planning entities to provide feedback about the plan;\n- (i) staff training programs about effective waste management;\n- (j) procedures for segregating waste;\n- (k) procedures for identifying and implementing opportunities to improve waste management practices;\n- (l) opportunities, and actions to be taken, in product design, production and packaging to reduce waste;\n- (m) details of any management systems to be used to deal with waste.\n- (a) for a waste reduction and recycling plan for a sector of planning entities—a facility of any planning entity adopting the plan; or\n- (b) for a waste reduction and recycling plan being adopted by a planning entity on a single entity basis—a facility of the planning entity.","sortOrder":365},{"sectionNumber":"sec.144","sectionType":"section","heading":"Additional requirements for a waste reduction and recycling plan for a sector of planning entities","content":"### sec.144 Additional requirements for a waste reduction and recycling plan for a sector of planning entities\n\nThis section states additional requirements for a waste reduction and recycling plan for a sector of planning entities.\nThe plan must—\nidentify the planning entities adopting the plan; and\nexplain how the planning entities are collectively to implement the plan; and\ndescribe the arrangements for the administration, funding and implementation of the plan, and identify who is responsible for administering and reporting on the plan; and\ninclude any other matters prescribed under a regulation.\n(sec.144-ssec.1) This section states additional requirements for a waste reduction and recycling plan for a sector of planning entities.\n(sec.144-ssec.2) The plan must— identify the planning entities adopting the plan; and explain how the planning entities are collectively to implement the plan; and describe the arrangements for the administration, funding and implementation of the plan, and identify who is responsible for administering and reporting on the plan; and include any other matters prescribed under a regulation.\n- (a) identify the planning entities adopting the plan; and\n- (b) explain how the planning entities are collectively to implement the plan; and\n- (c) describe the arrangements for the administration, funding and implementation of the plan, and identify who is responsible for administering and reporting on the plan; and\n- (d) include any other matters prescribed under a regulation.","sortOrder":366},{"sectionNumber":"sec.145","sectionType":"section","heading":"Amendment of waste reduction and recycling plan","content":"### sec.145 Amendment of waste reduction and recycling plan\n\nA planning entity or sector of planning entities may adopt an amendment of a waste reduction and recycling plan for the entity or sector if the entity or sector considers the amendment to be appropriate, having regard to—\nchanging waste reduction and recycling opportunities; and\nchanging circumstances in which the plan operates; and\nother matters arising from a review of the plan; and\nanything else the entity or sector considers relevant.\nA planning entity that has adopted the waste reduction and recycling plan of a sector of planning entities is taken to have adopted an amendment of the plan unless the terms of the adoption preclude automatic adoption of the amendment.\n(sec.145-ssec.1) A planning entity or sector of planning entities may adopt an amendment of a waste reduction and recycling plan for the entity or sector if the entity or sector considers the amendment to be appropriate, having regard to— changing waste reduction and recycling opportunities; and changing circumstances in which the plan operates; and other matters arising from a review of the plan; and anything else the entity or sector considers relevant.\n(sec.145-ssec.2) A planning entity that has adopted the waste reduction and recycling plan of a sector of planning entities is taken to have adopted an amendment of the plan unless the terms of the adoption preclude automatic adoption of the amendment.\n- (a) changing waste reduction and recycling opportunities; and\n- (b) changing circumstances in which the plan operates; and\n- (c) other matters arising from a review of the plan; and\n- (d) anything else the entity or sector considers relevant.","sortOrder":367},{"sectionNumber":"sec.146","sectionType":"section","heading":null,"content":"### Section sec.146\n\ns 146 om 2013 No. 6 s 37","sortOrder":368},{"sectionNumber":"ch.7-pt.1","sectionType":"part","heading":"Reporting on waste reduction and recycling plans","content":"# Reporting on waste reduction and recycling plans","sortOrder":369},{"sectionNumber":"sec.147","sectionType":"section","heading":"Local government reporting","content":"### sec.147 Local government reporting\n\nThis section does not start to apply to a local government until 2 months after the end of the first full financial year after the day prescribed for the local government under section 123 (1) .\nWithin 2 months after the end of each financial year, a local government must give the chief executive a report about the operation, in the financial year, of all the local government’s waste reduction and recycling plans in force in its local government area.\nThe report must be in the approved form and must otherwise comply with the requirements of this section.\nHowever, the local government is not required to include in the report any information that has already been supplied to the chief executive in a waste data return in relation to a waste disposal site operated by or for the local government.\nWithout limiting what the approved form may require, the approved form may require the following—\ndetails of any recycling programs conducted or managed by or for the local government during the year, including—\nthe amounts and types of waste collected and recycled, or collected and delivered to some other entity for recycling, under the programs; and\nthe names and addresses of the facilities used in the programs;\ndetails of local government waste services to households;\namounts and types of waste delivered directly to waste facilities from individual households;\nthe total amount of energy generated in the year from landfill gas;\ndetails of landfills operated by or for the local government during the year, including—\nthe amounts and types of waste disposed of during the year to the landfills; and\nthe name, address, capacity and life expectancy of each landfill that started operation during the year; and\nthe name, address and capacity of each landfill that ceased operation during the year;\nthe amounts and types of waste collected by or for the local government and disposed of to landfill at waste facilities other than those operated by or for the local government, and the addresses of the waste facilities.\nThe matters mentioned in subsection (4) must be addressed in relation to waste generated within or outside the local government’s area.\nThe report must also give details of the following—\nthe types of waste generated by the local government in carrying out its activities;\nactions taken to reduce the amount of waste generated by the local government in carrying out its activities;\nactions taken to increase the use of recycled material by the local government;\nactions taken by the local government to improve the re-use and recycling of—\nwaste generated by the local government; and\nthe types of waste generated in the local government area;\nthe amount and types of waste that were the subject of offences against the general littering provision or the illegal dumping of waste provision and were collected by the local government;\nprogress made by the local government, having regard to—\nperformance indicators, however referred to, included in the local government’s waste reduction and recycling plans; and\nany other performance indicators prescribed under a regulation for gauging performance under local government waste reduction and recycling plans;\nhow the local government has contributed towards achieving the goals and targets under the State’s waste management strategy.\ns 147 amd 2013 No. 6 s 38\n(sec.147-ssec.1AA) This section does not start to apply to a local government until 2 months after the end of the first full financial year after the day prescribed for the local government under section 123 (1) .\n(sec.147-ssec.1) Within 2 months after the end of each financial year, a local government must give the chief executive a report about the operation, in the financial year, of all the local government’s waste reduction and recycling plans in force in its local government area.\n(sec.147-ssec.2) The report must be in the approved form and must otherwise comply with the requirements of this section.\n(sec.147-ssec.3) However, the local government is not required to include in the report any information that has already been supplied to the chief executive in a waste data return in relation to a waste disposal site operated by or for the local government.\n(sec.147-ssec.4) Without limiting what the approved form may require, the approved form may require the following— details of any recycling programs conducted or managed by or for the local government during the year, including— the amounts and types of waste collected and recycled, or collected and delivered to some other entity for recycling, under the programs; and the names and addresses of the facilities used in the programs; details of local government waste services to households; amounts and types of waste delivered directly to waste facilities from individual households; the total amount of energy generated in the year from landfill gas; details of landfills operated by or for the local government during the year, including— the amounts and types of waste disposed of during the year to the landfills; and the name, address, capacity and life expectancy of each landfill that started operation during the year; and the name, address and capacity of each landfill that ceased operation during the year; the amounts and types of waste collected by or for the local government and disposed of to landfill at waste facilities other than those operated by or for the local government, and the addresses of the waste facilities.\n(sec.147-ssec.5) The matters mentioned in subsection (4) must be addressed in relation to waste generated within or outside the local government’s area.\n(sec.147-ssec.6) The report must also give details of the following— the types of waste generated by the local government in carrying out its activities; actions taken to reduce the amount of waste generated by the local government in carrying out its activities; actions taken to increase the use of recycled material by the local government; actions taken by the local government to improve the re-use and recycling of— waste generated by the local government; and the types of waste generated in the local government area; the amount and types of waste that were the subject of offences against the general littering provision or the illegal dumping of waste provision and were collected by the local government; progress made by the local government, having regard to— performance indicators, however referred to, included in the local government’s waste reduction and recycling plans; and any other performance indicators prescribed under a regulation for gauging performance under local government waste reduction and recycling plans; how the local government has contributed towards achieving the goals and targets under the State’s waste management strategy.\n- (a) details of any recycling programs conducted or managed by or for the local government during the year, including— (i) the amounts and types of waste collected and recycled, or collected and delivered to some other entity for recycling, under the programs; and (ii) the names and addresses of the facilities used in the programs;\n- (i) the amounts and types of waste collected and recycled, or collected and delivered to some other entity for recycling, under the programs; and\n- (ii) the names and addresses of the facilities used in the programs;\n- (b) details of local government waste services to households;\n- (c) amounts and types of waste delivered directly to waste facilities from individual households;\n- (d) the total amount of energy generated in the year from landfill gas;\n- (e) details of landfills operated by or for the local government during the year, including— (i) the amounts and types of waste disposed of during the year to the landfills; and (ii) the name, address, capacity and life expectancy of each landfill that started operation during the year; and (iii) the name, address and capacity of each landfill that ceased operation during the year;\n- (i) the amounts and types of waste disposed of during the year to the landfills; and\n- (ii) the name, address, capacity and life expectancy of each landfill that started operation during the year; and\n- (iii) the name, address and capacity of each landfill that ceased operation during the year;\n- (f) the amounts and types of waste collected by or for the local government and disposed of to landfill at waste facilities other than those operated by or for the local government, and the addresses of the waste facilities.\n- (i) the amounts and types of waste collected and recycled, or collected and delivered to some other entity for recycling, under the programs; and\n- (ii) the names and addresses of the facilities used in the programs;\n- (i) the amounts and types of waste disposed of during the year to the landfills; and\n- (ii) the name, address, capacity and life expectancy of each landfill that started operation during the year; and\n- (iii) the name, address and capacity of each landfill that ceased operation during the year;\n- (a) the types of waste generated by the local government in carrying out its activities;\n- (b) actions taken to reduce the amount of waste generated by the local government in carrying out its activities;\n- (c) actions taken to increase the use of recycled material by the local government;\n- (d) actions taken by the local government to improve the re-use and recycling of— (i) waste generated by the local government; and (ii) the types of waste generated in the local government area;\n- (i) waste generated by the local government; and\n- (ii) the types of waste generated in the local government area;\n- (e) the amount and types of waste that were the subject of offences against the general littering provision or the illegal dumping of waste provision and were collected by the local government;\n- (f) progress made by the local government, having regard to— (i) performance indicators, however referred to, included in the local government’s waste reduction and recycling plans; and (ii) any other performance indicators prescribed under a regulation for gauging performance under local government waste reduction and recycling plans;\n- (i) performance indicators, however referred to, included in the local government’s waste reduction and recycling plans; and\n- (ii) any other performance indicators prescribed under a regulation for gauging performance under local government waste reduction and recycling plans;\n- (g) how the local government has contributed towards achieving the goals and targets under the State’s waste management strategy.\n- (i) waste generated by the local government; and\n- (ii) the types of waste generated in the local government area;\n- (i) performance indicators, however referred to, included in the local government’s waste reduction and recycling plans; and\n- (ii) any other performance indicators prescribed under a regulation for gauging performance under local government waste reduction and recycling plans;","sortOrder":370},{"sectionNumber":"sec.148","sectionType":"section","heading":"State entity reporting","content":"### sec.148 State entity reporting\n\nThis section does not start to apply to the chief executive officer of a State entity until 2 months after the end of the first full financial year after the day prescribed for the State entity under section 133 (1) .\nWithin 2 months after the end of each financial year, the chief executive officer of a State entity must give the chief executive under this Act a report, in the approved form, about the operation, in the financial year, of the State entity’s waste reduction and recycling plan.\nThe report must include details of the following—\nthe types and amounts of waste generated, recycled or disposed of by the entity in carrying out its activities;\nany actions taken by the entity to reduce the amount of waste generated by the entity;\nactions taken by the entity to recover and re-use or recycle waste;\nactions taken by the entity to increase the use of recycled materials;\nprogress made by the entity, having regard to—\nperformance indicators, however referred to, included in the entity’s waste reduction and recycling plan; and\nany other performance indicators prescribed under a regulation for gauging performance under State entity waste reduction and recycling plans;\nhow the entity has contributed towards achieving the goals and targets under the State’s waste management strategy;\nthe amount and types of waste that were the subject of littering or illegal dumping and were collected by the entity;\nany other matters prescribed under a regulation about requirements for reporting on State entity waste reduction and recycling plans.\ns 148 amd 2013 No. 6 s 39\n(sec.148-ssec.1AA) This section does not start to apply to the chief executive officer of a State entity until 2 months after the end of the first full financial year after the day prescribed for the State entity under section 133 (1) .\n(sec.148-ssec.1) Within 2 months after the end of each financial year, the chief executive officer of a State entity must give the chief executive under this Act a report, in the approved form, about the operation, in the financial year, of the State entity’s waste reduction and recycling plan.\n(sec.148-ssec.2) The report must include details of the following— the types and amounts of waste generated, recycled or disposed of by the entity in carrying out its activities; any actions taken by the entity to reduce the amount of waste generated by the entity; actions taken by the entity to recover and re-use or recycle waste; actions taken by the entity to increase the use of recycled materials; progress made by the entity, having regard to— performance indicators, however referred to, included in the entity’s waste reduction and recycling plan; and any other performance indicators prescribed under a regulation for gauging performance under State entity waste reduction and recycling plans; how the entity has contributed towards achieving the goals and targets under the State’s waste management strategy; the amount and types of waste that were the subject of littering or illegal dumping and were collected by the entity; any other matters prescribed under a regulation about requirements for reporting on State entity waste reduction and recycling plans.\n- (a) the types and amounts of waste generated, recycled or disposed of by the entity in carrying out its activities;\n- (b) any actions taken by the entity to reduce the amount of waste generated by the entity;\n- (c) actions taken by the entity to recover and re-use or recycle waste;\n- (d) actions taken by the entity to increase the use of recycled materials;\n- (e) progress made by the entity, having regard to— (i) performance indicators, however referred to, included in the entity’s waste reduction and recycling plan; and (ii) any other performance indicators prescribed under a regulation for gauging performance under State entity waste reduction and recycling plans;\n- (i) performance indicators, however referred to, included in the entity’s waste reduction and recycling plan; and\n- (ii) any other performance indicators prescribed under a regulation for gauging performance under State entity waste reduction and recycling plans;\n- (f) how the entity has contributed towards achieving the goals and targets under the State’s waste management strategy;\n- (g) the amount and types of waste that were the subject of littering or illegal dumping and were collected by the entity;\n- (h) any other matters prescribed under a regulation about requirements for reporting on State entity waste reduction and recycling plans.\n- (i) performance indicators, however referred to, included in the entity’s waste reduction and recycling plan; and\n- (ii) any other performance indicators prescribed under a regulation for gauging performance under State entity waste reduction and recycling plans;","sortOrder":371},{"sectionNumber":"sec.149","sectionType":"section","heading":"Planning entity reporting","content":"### sec.149 Planning entity reporting\n\nA planning entity must give the chief executive a report, in the approved form and otherwise in compliance with the requirements of this section, about the operation, in the period covered by the report, of any waste reduction and recycling plan adopted by the entity.\nMaximum penalty—100 penalty units.\nA report under subsection (1) must be given—\nfor the first report under this section—within 2 months after the end of the first full financial year after the day prescribed for the planning entity under section 141 (4) ; and\nfor subsequent reports, and unless another interval is provided for under a regulation—at intervals of not more than 3 years after the giving of the first report.\nThe period covered by a report must be—\nfor the first report—the first full financial year mentioned in subsection (2) (a) ; and\nfor any subsequent report—the period since the last period covered by a report under this section.\nA report under subsection (1) must include details of the following—\nthe types and amounts of waste generated, recycled or disposed of by the entity;\nany actions taken by the entity to reduce the amount of waste generated by the entity;\nactions taken by the entity to recover and re-use or recycle waste;\nactions taken by the entity to increase the use of recycled materials;\nprogress made by the entity, having regard to performance indicators, however referred to, included in any waste reduction and recycling plan adopted by the entity;\nany other matters prescribed under a regulation about requirements for reporting on planning entity waste reduction and recycling plans.\ns 149 amd 2013 No. 6 s 40\n(sec.149-ssec.1) A planning entity must give the chief executive a report, in the approved form and otherwise in compliance with the requirements of this section, about the operation, in the period covered by the report, of any waste reduction and recycling plan adopted by the entity. Maximum penalty—100 penalty units.\n(sec.149-ssec.2) A report under subsection (1) must be given— for the first report under this section—within 2 months after the end of the first full financial year after the day prescribed for the planning entity under section 141 (4) ; and for subsequent reports, and unless another interval is provided for under a regulation—at intervals of not more than 3 years after the giving of the first report.\n(sec.149-ssec.3) The period covered by a report must be— for the first report—the first full financial year mentioned in subsection (2) (a) ; and for any subsequent report—the period since the last period covered by a report under this section.\n(sec.149-ssec.4) A report under subsection (1) must include details of the following— the types and amounts of waste generated, recycled or disposed of by the entity; any actions taken by the entity to reduce the amount of waste generated by the entity; actions taken by the entity to recover and re-use or recycle waste; actions taken by the entity to increase the use of recycled materials; progress made by the entity, having regard to performance indicators, however referred to, included in any waste reduction and recycling plan adopted by the entity; any other matters prescribed under a regulation about requirements for reporting on planning entity waste reduction and recycling plans.\n- (a) for the first report under this section—within 2 months after the end of the first full financial year after the day prescribed for the planning entity under section 141 (4) ; and\n- (b) for subsequent reports, and unless another interval is provided for under a regulation—at intervals of not more than 3 years after the giving of the first report.\n- (a) for the first report—the first full financial year mentioned in subsection (2) (a) ; and\n- (b) for any subsequent report—the period since the last period covered by a report under this section.\n- (a) the types and amounts of waste generated, recycled or disposed of by the entity;\n- (b) any actions taken by the entity to reduce the amount of waste generated by the entity;\n- (c) actions taken by the entity to recover and re-use or recycle waste;\n- (d) actions taken by the entity to increase the use of recycled materials;\n- (e) progress made by the entity, having regard to performance indicators, however referred to, included in any waste reduction and recycling plan adopted by the entity;\n- (f) any other matters prescribed under a regulation about requirements for reporting on planning entity waste reduction and recycling plans.","sortOrder":372},{"sectionNumber":"ch.7-pt.2","sectionType":"part","heading":"Reporting on waste recovery and disposal","content":"# Reporting on waste recovery and disposal","sortOrder":373},{"sectionNumber":"ch.7-pt.2-div.1","sectionType":"division","heading":"Establishing status as reporting entity","content":"## Establishing status as reporting entity","sortOrder":374},{"sectionNumber":"sec.150","sectionType":"section","heading":"Identification of reporting entity","content":"### sec.150 Identification of reporting entity\n\nAn entity is a reporting entity if—\nthe chief executive has identified the entity as a reporting entity; and\nthe chief executive has given the entity an information notice for the decision to identify the entity as a reporting entity; and\nany period for the internal or external review of the decision, including any period of appeal, has expired.\nAlso, an entity is a reporting entity if the entity—\nreceives, sorts, recycles, treats or disposes of waste above a threshold prescribed under a regulation; and\nis part of a sector of entities (a sector of reporting entities ) prescribed under a regulation.\nDespite subsection (2) , the chief executive is not stopped from identifying an entity as a reporting entity and giving it an information notice under subsection (1) on the basis that the entity is part of a sector of reporting entities.\nThe chief executive may identify an entity as a reporting entity only on the basis of 1 or more of the following, having regard to the entity’s activities—\nthe entity receives, sorts, recycles, treats or disposes of waste above a threshold prescribed under a regulation;\nthe entity is a reporting entity under subsection (2) .\nA regulation for this section may prescribe different thresholds for—\ndifferent entities; or\ndifferent types of waste; or\nentities in different locations in the State.\ns 150 amd 2013 No. 6 s 41\n(sec.150-ssec.1) An entity is a reporting entity if— the chief executive has identified the entity as a reporting entity; and the chief executive has given the entity an information notice for the decision to identify the entity as a reporting entity; and any period for the internal or external review of the decision, including any period of appeal, has expired.\n(sec.150-ssec.2) Also, an entity is a reporting entity if the entity— receives, sorts, recycles, treats or disposes of waste above a threshold prescribed under a regulation; and is part of a sector of entities (a sector of reporting entities ) prescribed under a regulation.\n(sec.150-ssec.3) Despite subsection (2) , the chief executive is not stopped from identifying an entity as a reporting entity and giving it an information notice under subsection (1) on the basis that the entity is part of a sector of reporting entities.\n(sec.150-ssec.4) The chief executive may identify an entity as a reporting entity only on the basis of 1 or more of the following, having regard to the entity’s activities— the entity receives, sorts, recycles, treats or disposes of waste above a threshold prescribed under a regulation; the entity is a reporting entity under subsection (2) .\n(sec.150-ssec.5) A regulation for this section may prescribe different thresholds for— different entities; or different types of waste; or entities in different locations in the State.\n- (a) the chief executive has identified the entity as a reporting entity; and\n- (b) the chief executive has given the entity an information notice for the decision to identify the entity as a reporting entity; and\n- (c) any period for the internal or external review of the decision, including any period of appeal, has expired.\n- (a) receives, sorts, recycles, treats or disposes of waste above a threshold prescribed under a regulation; and\n- (b) is part of a sector of entities (a sector of reporting entities ) prescribed under a regulation.\n- (a) the entity receives, sorts, recycles, treats or disposes of waste above a threshold prescribed under a regulation;\n- (b) the entity is a reporting entity under subsection (2) .\n- (a) different entities; or\n- (b) different types of waste; or\n- (c) entities in different locations in the State.","sortOrder":375},{"sectionNumber":"sec.151","sectionType":"section","heading":"Notification of status as reporting entity","content":"### sec.151 Notification of status as reporting entity\n\nThis section applies if, under this part, the chief executive gives an entity an information notice for the chief executive’s decision to identify the entity as a reporting entity.\nWithout limiting what the information notice may include, the information notice must include the following information—\nthat the entity must, under the reporting entity obligation, within 2 months after the end of each financial year, give the chief executive a report about the entity’s receiving, sorting, recycling, treatment or disposal of waste;\nwhen the reporting entity obligation will start to apply to the entity.\n(sec.151-ssec.1) This section applies if, under this part, the chief executive gives an entity an information notice for the chief executive’s decision to identify the entity as a reporting entity.\n(sec.151-ssec.2) Without limiting what the information notice may include, the information notice must include the following information— that the entity must, under the reporting entity obligation, within 2 months after the end of each financial year, give the chief executive a report about the entity’s receiving, sorting, recycling, treatment or disposal of waste; when the reporting entity obligation will start to apply to the entity.\n- (a) that the entity must, under the reporting entity obligation, within 2 months after the end of each financial year, give the chief executive a report about the entity’s receiving, sorting, recycling, treatment or disposal of waste;\n- (b) when the reporting entity obligation will start to apply to the entity.","sortOrder":376},{"sectionNumber":"ch.7-pt.2-div.2","sectionType":"division","heading":"Reporting requirements","content":"## Reporting requirements","sortOrder":377},{"sectionNumber":"sec.152","sectionType":"section","heading":"Reporting entity obligation","content":"### sec.152 Reporting entity obligation\n\nA reporting entity has an obligation to give the chief executive, within 2 months after the end of each financial year, a report in the approved form and in compliance with the requirements under this division, about the entity’s receiving, sorting, recycling, treatment or disposal of waste in the financial year.\nA reporting entity that has an obligation under subsection (1) must comply with the obligation unless it has a reasonable excuse.\nMaximum penalty—100 penalty units.\n(sec.152-ssec.1) A reporting entity has an obligation to give the chief executive, within 2 months after the end of each financial year, a report in the approved form and in compliance with the requirements under this division, about the entity’s receiving, sorting, recycling, treatment or disposal of waste in the financial year.\n(sec.152-ssec.2) A reporting entity that has an obligation under subsection (1) must comply with the obligation unless it has a reasonable excuse. Maximum penalty—100 penalty units.","sortOrder":378},{"sectionNumber":"sec.153","sectionType":"section","heading":"Requirements for report","content":"### sec.153 Requirements for report\n\nA report given by a reporting entity under this division must include details of the following—\nthe types and amounts of waste received, sorted, recycled, treated or disposed of by the entity;\nthe types and amounts of waste received from local government sources, and the types and amounts of waste received from other sources;\nthe types and amounts of each of the following—\nwaste recycled by the entity;\nwaste sent to other recyclers in Queensland;\nwaste sent to other recyclers in Australia other than in Queensland;\nwaste sent to other recyclers outside Australia;\nany other matters prescribed under a regulation about requirements for reporting on waste recovery and disposal.\nHowever, the report is not required to include any information that has already been supplied to the chief executive in a waste data return in relation to a waste disposal site.\ns 153 amd 2013 No. 6 s 42\n(sec.153-ssec.1) A report given by a reporting entity under this division must include details of the following— the types and amounts of waste received, sorted, recycled, treated or disposed of by the entity; the types and amounts of waste received from local government sources, and the types and amounts of waste received from other sources; the types and amounts of each of the following— waste recycled by the entity; waste sent to other recyclers in Queensland; waste sent to other recyclers in Australia other than in Queensland; waste sent to other recyclers outside Australia; any other matters prescribed under a regulation about requirements for reporting on waste recovery and disposal.\n(sec.153-ssec.2) However, the report is not required to include any information that has already been supplied to the chief executive in a waste data return in relation to a waste disposal site.\n- (a) the types and amounts of waste received, sorted, recycled, treated or disposed of by the entity;\n- (b) the types and amounts of waste received from local government sources, and the types and amounts of waste received from other sources;\n- (c) the types and amounts of each of the following— (i) waste recycled by the entity; (ii) waste sent to other recyclers in Queensland; (iii) waste sent to other recyclers in Australia other than in Queensland; (iv) waste sent to other recyclers outside Australia;\n- (i) waste recycled by the entity;\n- (ii) waste sent to other recyclers in Queensland;\n- (iii) waste sent to other recyclers in Australia other than in Queensland;\n- (iv) waste sent to other recyclers outside Australia;\n- (d) any other matters prescribed under a regulation about requirements for reporting on waste recovery and disposal.\n- (i) waste recycled by the entity;\n- (ii) waste sent to other recyclers in Queensland;\n- (iii) waste sent to other recyclers in Australia other than in Queensland;\n- (iv) waste sent to other recyclers outside Australia;","sortOrder":379},{"sectionNumber":"ch.7-pt.3","sectionType":"part","heading":"Reporting on waste disposal and recycling","content":"# Reporting on waste disposal and recycling","sortOrder":380},{"sectionNumber":"sec.154","sectionType":"section","heading":"Annual report on waste disposal and recycling","content":"### sec.154 Annual report on waste disposal and recycling\n\nThe chief executive must, by 31 December in each year, prepare and make publicly available a report that summarises the amounts of waste and recycling reported in the most recently completed financial year.\nIn preparing the report, the chief executive must have regard to information given to the chief executive under parts 1 and 2 and chapter 3 , part 5 .\nThe report must include the following information and, if appropriate, an evaluation of the information—\nthe total amount of the waste levy paid to the State;\nthe amount and types of waste on which the waste levy was paid to the State;\nthe amounts and types of waste on which the waste levy would have been paid if it were not exempt waste;\nthe number of levyable waste disposal sites in the waste levy zone and non-levy zone that received waste on which the waste levy was paid to the State;\nthe amounts of annual payments made to local governments under section 73D ;\nthe amounts and types of waste reported as being recycled by local governments;\nthe amounts and types of waste reported as being recycled by reporting entities;\nthe amounts and types of waste reported as being disposed of by local governments;\nthe amounts and types of waste reported as being disposed of by reporting entities;\nthe amounts and types of waste reported as being the subject of littering or illegal dumping;\nthe number of product stewardship schemes in effect under this Act;\nthe number of local governments that have adopted a waste reduction and recycling plan and have reported on the plan;\nthe number of State entities that have adopted a waste reduction and recycling plan and have reported on the plan;\nthe number of planning entities that have adopted waste reduction and recycling plans, other than by adopting the waste reduction and recycling plan of a sector of reporting entities;\nthe number of waste reduction and recycling plans that are in place for sectors of reporting entities.\ns 154 sub 2019 No. 2 s 9\n(sec.154-ssec.1) The chief executive must, by 31 December in each year, prepare and make publicly available a report that summarises the amounts of waste and recycling reported in the most recently completed financial year.\n(sec.154-ssec.2) In preparing the report, the chief executive must have regard to information given to the chief executive under parts 1 and 2 and chapter 3 , part 5 .\n(sec.154-ssec.3) The report must include the following information and, if appropriate, an evaluation of the information— the total amount of the waste levy paid to the State; the amount and types of waste on which the waste levy was paid to the State; the amounts and types of waste on which the waste levy would have been paid if it were not exempt waste; the number of levyable waste disposal sites in the waste levy zone and non-levy zone that received waste on which the waste levy was paid to the State; the amounts of annual payments made to local governments under section 73D ; the amounts and types of waste reported as being recycled by local governments; the amounts and types of waste reported as being recycled by reporting entities; the amounts and types of waste reported as being disposed of by local governments; the amounts and types of waste reported as being disposed of by reporting entities; the amounts and types of waste reported as being the subject of littering or illegal dumping; the number of product stewardship schemes in effect under this Act; the number of local governments that have adopted a waste reduction and recycling plan and have reported on the plan; the number of State entities that have adopted a waste reduction and recycling plan and have reported on the plan; the number of planning entities that have adopted waste reduction and recycling plans, other than by adopting the waste reduction and recycling plan of a sector of reporting entities; the number of waste reduction and recycling plans that are in place for sectors of reporting entities.\n- (a) the total amount of the waste levy paid to the State;\n- (b) the amount and types of waste on which the waste levy was paid to the State;\n- (c) the amounts and types of waste on which the waste levy would have been paid if it were not exempt waste;\n- (d) the number of levyable waste disposal sites in the waste levy zone and non-levy zone that received waste on which the waste levy was paid to the State;\n- (e) the amounts of annual payments made to local governments under section 73D ;\n- (f) the amounts and types of waste reported as being recycled by local governments;\n- (g) the amounts and types of waste reported as being recycled by reporting entities;\n- (h) the amounts and types of waste reported as being disposed of by local governments;\n- (i) the amounts and types of waste reported as being disposed of by reporting entities;\n- (j) the amounts and types of waste reported as being the subject of littering or illegal dumping;\n- (k) the number of product stewardship schemes in effect under this Act;\n- (l) the number of local governments that have adopted a waste reduction and recycling plan and have reported on the plan;\n- (m) the number of State entities that have adopted a waste reduction and recycling plan and have reported on the plan;\n- (n) the number of planning entities that have adopted waste reduction and recycling plans, other than by adopting the waste reduction and recycling plan of a sector of reporting entities;\n- (o) the number of waste reduction and recycling plans that are in place for sectors of reporting entities.","sortOrder":381},{"sectionNumber":"ch.8-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":382},{"sectionNumber":"sec.155","sectionType":"section","heading":"Purpose of chapter","content":"### sec.155 Purpose of chapter\n\nThe purpose of this chapter is to provide for the process by which the chief executive decides when and how waste stops being waste and becomes a resource.\nWaste stops being a waste and becomes a resource when, in accordance with an end of waste code or end of waste approval, it stops being waste and becomes a resource.\nA person is a resource user while the person uses a resource in a way, or for a purpose, that complies with an end of waste code or end of waste approval.\nIf a person stops using a resource in a way, or for a purpose, that complies with an end of waste code or end of waste approval—\nthe person stops being a resource user; and\nthe resource stops being a resource and becomes waste.\ns 155 sub 2014 No. 59 s 167\namd 2017 No. 31 s 6\n(sec.155-ssec.1) The purpose of this chapter is to provide for the process by which the chief executive decides when and how waste stops being waste and becomes a resource.\n(sec.155-ssec.2) Waste stops being a waste and becomes a resource when, in accordance with an end of waste code or end of waste approval, it stops being waste and becomes a resource.\n(sec.155-ssec.3) A person is a resource user while the person uses a resource in a way, or for a purpose, that complies with an end of waste code or end of waste approval.\n(sec.155-ssec.4) If a person stops using a resource in a way, or for a purpose, that complies with an end of waste code or end of waste approval— the person stops being a resource user; and the resource stops being a resource and becomes waste.\n- (a) the person stops being a resource user; and\n- (b) the resource stops being a resource and becomes waste.","sortOrder":383},{"sectionNumber":"sec.156","sectionType":"section","heading":"Definitions for ch 8","content":"### sec.156 Definitions for ch 8\n\nIn this chapter—\namend , an end of waste approval, includes—\namending or removing a condition imposed on the approval; and\nimposing a new condition on the approval; and\namending the period of the approval.\nend of waste approval see section 159 (2) .\nend of waste code see section 159 (1) .\nmaterial environmental harm see the Environmental Protection Act , section 16 .\nregistered resource producer means a person who is registered for an end of waste code under section 173B .\nresource see section 155 .\nresource user see section 155 (3) .\ns 156 def resource user ins 2017 No. 31 s 7\nserious environmental harm see the Environmental Protection Act , section 17 .\ntechnical advisory panel see section 173G .\ns 156 sub 2014 No. 59 s 167\n- (a) amending or removing a condition imposed on the approval; and\n- (b) imposing a new condition on the approval; and\n- (c) amending the period of the approval.","sortOrder":384},{"sectionNumber":"sec.157","sectionType":"section","heading":"Effect of operating under end of waste code if unregistered","content":"### sec.157 Effect of operating under end of waste code if unregistered\n\nThis section applies if—\na person, under an end of waste code, produces a resource and uses, sells or gives away the resource; and\nthe person is not a registered resource producer for the code.\nThe resource is taken to be waste until the person becomes a registered resource producer for the code.\ns 157 sub 2014 No. 59 s 167\namd 2017 No. 31 s 8\n(sec.157-ssec.1) This section applies if— a person, under an end of waste code, produces a resource and uses, sells or gives away the resource; and the person is not a registered resource producer for the code.\n(sec.157-ssec.2) The resource is taken to be waste until the person becomes a registered resource producer for the code.\n- (a) a person, under an end of waste code, produces a resource and uses, sells or gives away the resource; and\n- (b) the person is not a registered resource producer for the code.","sortOrder":385},{"sectionNumber":"sec.158","sectionType":"section","heading":"Compliance with end of waste code","content":"### sec.158 Compliance with end of waste code\n\nA registered resource producer for an end of waste code for a resource must not do any of the following unless the producer complies with the requirements of the code—\nproduce the resource;\nuse, sell or give away the resource.\nMaximum penalty—1,665 penalty units.\nA person, other than a registered resource producer, must not use a resource in a way, or for a purpose, that does not comply with an end of waste code for the resource.\nMaximum penalty—1,665 penalty units.\ns 158 sub 2014 No. 59 s 167 ; 2017 No. 31 s 9\n(sec.158-ssec.1) A registered resource producer for an end of waste code for a resource must not do any of the following unless the producer complies with the requirements of the code— produce the resource; use, sell or give away the resource. Maximum penalty—1,665 penalty units.\n(sec.158-ssec.2) A person, other than a registered resource producer, must not use a resource in a way, or for a purpose, that does not comply with an end of waste code for the resource. Maximum penalty—1,665 penalty units.\n- (a) produce the resource;\n- (b) use, sell or give away the resource.","sortOrder":386},{"sectionNumber":"sec.159","sectionType":"section","heading":"Chief executive may make end of waste codes and grant end of waste approvals","content":"### sec.159 Chief executive may make end of waste codes and grant end of waste approvals\n\nThe chief executive may make a code (an end of waste code ) that states—\nfor registered resource producers—when a particular waste stops being a waste and becomes a resource; or\nfor resource users—conditions about using a resource, including, for example, conditions about how, and the purposes for which, a resource may be used.\nThe chief executive may grant an approval (an end of waste approval ) to a person that states—\nwhen a particular waste stops being a waste and becomes a resource; or\nconditions about using a resource, including, for example, conditions about how, and the purposes for which, a resource may be used.\ns 159 sub 2014 No. 59 s 167 ; 2017 No. 31 s 9\n(sec.159-ssec.1) The chief executive may make a code (an end of waste code ) that states— for registered resource producers—when a particular waste stops being a waste and becomes a resource; or for resource users—conditions about using a resource, including, for example, conditions about how, and the purposes for which, a resource may be used.\n(sec.159-ssec.2) The chief executive may grant an approval (an end of waste approval ) to a person that states— when a particular waste stops being a waste and becomes a resource; or conditions about using a resource, including, for example, conditions about how, and the purposes for which, a resource may be used.\n- (a) for registered resource producers—when a particular waste stops being a waste and becomes a resource; or\n- (b) for resource users—conditions about using a resource, including, for example, conditions about how, and the purposes for which, a resource may be used.\n- (a) when a particular waste stops being a waste and becomes a resource; or\n- (b) conditions about using a resource, including, for example, conditions about how, and the purposes for which, a resource may be used.","sortOrder":387},{"sectionNumber":"ch.8-pt.2","sectionType":"part","heading":"End of waste codes","content":"# End of waste codes","sortOrder":388},{"sectionNumber":"ch.8-pt.2-div.1","sectionType":"division","heading":"Process for making end of waste codes","content":"## Process for making end of waste codes","sortOrder":389},{"sectionNumber":"sec.159A","sectionType":"section","heading":"Chief executive’s decision to make end of waste code","content":"### sec.159A Chief executive’s decision to make end of waste code\n\nThe chief executive may decide to make a draft end of waste code for a particular waste—\non the chief executive’s own initiative; or\nafter inviting submissions under section 160 .\ns 159A ins 2017 No. 31 s 10\n- (a) on the chief executive’s own initiative; or\n- (b) after inviting submissions under section 160 .","sortOrder":390},{"sectionNumber":"sec.159B","sectionType":"section","heading":"Schedule of proposed end of waste codes","content":"### sec.159B Schedule of proposed end of waste codes\n\nThe chief executive must keep an up-to-date schedule of draft end of waste codes the chief executive has decided to prepare.\nWithout limiting subsection (1) , the chief executive must update the schedule after considering submissions under section 161 and deciding whether or not to make a draft end of waste code for a particular waste.\nThe schedule must state—\nthe following for each proposed draft end of waste code included in the schedule—\nthe particular waste to be the subject of the draft code;\nthe proposed use of a resource under the draft code;\nwhen the process for making the draft code will start and end;\nwhether a technical advisory panel will be established to prepare the draft code and, if so, when the panel will be required to give the draft code to the chief executive;\nthat a person may register the person’s interest in being consulted when the draft code is being prepared; and\nother information prescribed by regulation.\nThe chief executive must publish the schedule—\non the department’s website; and\nin any other way the chief executive considers appropriate.\ns 159B ins 2017 No. 31 s 10\n(sec.159B-ssec.1) The chief executive must keep an up-to-date schedule of draft end of waste codes the chief executive has decided to prepare.\n(sec.159B-ssec.2) Without limiting subsection (1) , the chief executive must update the schedule after considering submissions under section 161 and deciding whether or not to make a draft end of waste code for a particular waste.\n(sec.159B-ssec.3) The schedule must state— the following for each proposed draft end of waste code included in the schedule— the particular waste to be the subject of the draft code; the proposed use of a resource under the draft code; when the process for making the draft code will start and end; whether a technical advisory panel will be established to prepare the draft code and, if so, when the panel will be required to give the draft code to the chief executive; that a person may register the person’s interest in being consulted when the draft code is being prepared; and other information prescribed by regulation.\n(sec.159B-ssec.4) The chief executive must publish the schedule— on the department’s website; and in any other way the chief executive considers appropriate.\n- (a) the following for each proposed draft end of waste code included in the schedule— (i) the particular waste to be the subject of the draft code; (ii) the proposed use of a resource under the draft code; (iii) when the process for making the draft code will start and end; (iv) whether a technical advisory panel will be established to prepare the draft code and, if so, when the panel will be required to give the draft code to the chief executive; (v) that a person may register the person’s interest in being consulted when the draft code is being prepared; and\n- (i) the particular waste to be the subject of the draft code;\n- (ii) the proposed use of a resource under the draft code;\n- (iii) when the process for making the draft code will start and end;\n- (iv) whether a technical advisory panel will be established to prepare the draft code and, if so, when the panel will be required to give the draft code to the chief executive;\n- (v) that a person may register the person’s interest in being consulted when the draft code is being prepared; and\n- (b) other information prescribed by regulation.\n- (i) the particular waste to be the subject of the draft code;\n- (ii) the proposed use of a resource under the draft code;\n- (iii) when the process for making the draft code will start and end;\n- (iv) whether a technical advisory panel will be established to prepare the draft code and, if so, when the panel will be required to give the draft code to the chief executive;\n- (v) that a person may register the person’s interest in being consulted when the draft code is being prepared; and\n- (a) on the department’s website; and\n- (b) in any other way the chief executive considers appropriate.","sortOrder":391},{"sectionNumber":"sec.160","sectionType":"section","heading":"Public notice inviting submissions about potential end of waste codes","content":"### sec.160 Public notice inviting submissions about potential end of waste codes\n\nThe chief executive must, by notice given at least once every year, invite the public to make a submission about whether there is any particular waste for which an end of waste code should be prepared.\nThe notice must—\nstate—\nthat a person may make a submission to the chief executive about any particular waste for which an end of waste code should be prepared; and\nthe period, of at least 28 days, (the submission period ) during which the submissions may be made; and\nhow to make a submission; and\nbe published on the department’s website.\nA submission made under this section must be in the approved form.\ns 160 amd 2012 No. 16 s 78 sch\nsub 2014 No. 59 s 167\namd 2017 No. 31 s 11\n(sec.160-ssec.1) The chief executive must, by notice given at least once every year, invite the public to make a submission about whether there is any particular waste for which an end of waste code should be prepared.\n(sec.160-ssec.2) The notice must— state— that a person may make a submission to the chief executive about any particular waste for which an end of waste code should be prepared; and the period, of at least 28 days, (the submission period ) during which the submissions may be made; and how to make a submission; and be published on the department’s website.\n(sec.160-ssec.3) A submission made under this section must be in the approved form.\n- (a) state— (i) that a person may make a submission to the chief executive about any particular waste for which an end of waste code should be prepared; and (ii) the period, of at least 28 days, (the submission period ) during which the submissions may be made; and (iii) how to make a submission; and\n- (i) that a person may make a submission to the chief executive about any particular waste for which an end of waste code should be prepared; and\n- (ii) the period, of at least 28 days, (the submission period ) during which the submissions may be made; and\n- (iii) how to make a submission; and\n- (b) be published on the department’s website.\n- (i) that a person may make a submission to the chief executive about any particular waste for which an end of waste code should be prepared; and\n- (ii) the period, of at least 28 days, (the submission period ) during which the submissions may be made; and\n- (iii) how to make a submission; and","sortOrder":392},{"sectionNumber":"sec.161","sectionType":"section","heading":"Consideration of submissions","content":"### sec.161 Consideration of submissions\n\nThe chief executive must consider all submissions made during the submission period before deciding whether or not to make a draft end of waste code for a particular waste.\ns 161 sub 2014 No. 59 s 167\namd 2017 No. 31 s 12","sortOrder":393},{"sectionNumber":"sec.162","sectionType":"section","heading":"Preparation of end of waste code","content":"### sec.162 Preparation of end of waste code\n\nSubsection (2) applies if the chief executive decides to prepare a draft end of waste code (the draft code ).\nThe chief executive may establish a technical advisory panel under section 173G to prepare the draft code.\nIf the chief executive establishes a technical advisory panel to prepare the draft code—\nthe chief executive may require the panel to include particular requirements in the draft code; and\nthe panel must prepare and give the chief executive the draft code by the day stated in the schedule.\nHowever, the technical advisory panel may, after having regard to the matters mentioned in section 163 (1) but within 2 months of being established, recommend to the chief executive that the draft code should not be prepared.\nThe technical advisory panel’s recommendation under subsection (4) must be given to the chief executive in writing and include the panel’s reasons for the recommendation.\nIf the chief executive does not establish a technical advisory panel to prepare the draft code, the chief executive must prepare the draft code by the day stated in the schedule.\nIn this section—\nschedule means the schedule published under section 159B .\ns 162 sub 2014 No. 59 s 167\namd 2017 No. 31 s 13\n(sec.162-ssec.1) Subsection (2) applies if the chief executive decides to prepare a draft end of waste code (the draft code ).\n(sec.162-ssec.2) The chief executive may establish a technical advisory panel under section 173G to prepare the draft code.\n(sec.162-ssec.3) If the chief executive establishes a technical advisory panel to prepare the draft code— the chief executive may require the panel to include particular requirements in the draft code; and the panel must prepare and give the chief executive the draft code by the day stated in the schedule.\n(sec.162-ssec.4) However, the technical advisory panel may, after having regard to the matters mentioned in section 163 (1) but within 2 months of being established, recommend to the chief executive that the draft code should not be prepared.\n(sec.162-ssec.5) The technical advisory panel’s recommendation under subsection (4) must be given to the chief executive in writing and include the panel’s reasons for the recommendation.\n(sec.162-ssec.6) If the chief executive does not establish a technical advisory panel to prepare the draft code, the chief executive must prepare the draft code by the day stated in the schedule.\n(sec.162-ssec.7) In this section— schedule means the schedule published under section 159B .\n- (a) the chief executive may require the panel to include particular requirements in the draft code; and\n- (b) the panel must prepare and give the chief executive the draft code by the day stated in the schedule.","sortOrder":394},{"sectionNumber":"sec.163","sectionType":"section","heading":"Matters to be considered in preparing end of waste code","content":"### sec.163 Matters to be considered in preparing end of waste code\n\nIn preparing a draft end of waste code, the chief executive or a technical advisory panel must have regard to the following matters—\nthe objects of this Act;\nthe proposed use of a particular resource under the proposed end of waste code;\nwhether the proposed use of a particular resource may, or is likely to, cause any serious environmental harm or material environmental harm;\nthe waste and resource management hierarchy;\nany other matter prescribed by regulation.\nThis section does not limit the matters the chief executive or a technical advisory panel may consider in preparing a draft end of waste code.\ns 163 sub 2014 No. 59 s 167\n(sec.163-ssec.1) In preparing a draft end of waste code, the chief executive or a technical advisory panel must have regard to the following matters— the objects of this Act; the proposed use of a particular resource under the proposed end of waste code; whether the proposed use of a particular resource may, or is likely to, cause any serious environmental harm or material environmental harm; the waste and resource management hierarchy; any other matter prescribed by regulation.\n(sec.163-ssec.2) This section does not limit the matters the chief executive or a technical advisory panel may consider in preparing a draft end of waste code.\n- (a) the objects of this Act;\n- (b) the proposed use of a particular resource under the proposed end of waste code;\n- (c) whether the proposed use of a particular resource may, or is likely to, cause any serious environmental harm or material environmental harm;\n- (d) the waste and resource management hierarchy;\n- (e) any other matter prescribed by regulation.","sortOrder":395},{"sectionNumber":"sec.164","sectionType":"section","heading":"End of waste code prepared by technical advisory panel","content":"### sec.164 End of waste code prepared by technical advisory panel\n\nThis section applies if a technical advisory panel prepares a draft end of waste code (the draft code ).\nSubsection (3) applies if the chief executive is satisfied a technical advisory panel has not—\nhad regard to a matter mentioned in section 163 ; or\nincluded a requirement in the draft code that the chief executive required the panel to include in the draft code.\nThe chief executive may—\nask the technical advisory panel to amend the draft code; or\nrefuse to accept the draft code.\nThe chief executive may amend the draft code before publishing it under section 166 .\ns 164 sub 2014 No. 59 s 167\n(sec.164-ssec.1) This section applies if a technical advisory panel prepares a draft end of waste code (the draft code ).\n(sec.164-ssec.2) Subsection (3) applies if the chief executive is satisfied a technical advisory panel has not— had regard to a matter mentioned in section 163 ; or included a requirement in the draft code that the chief executive required the panel to include in the draft code.\n(sec.164-ssec.3) The chief executive may— ask the technical advisory panel to amend the draft code; or refuse to accept the draft code.\n(sec.164-ssec.4) The chief executive may amend the draft code before publishing it under section 166 .\n- (a) had regard to a matter mentioned in section 163 ; or\n- (b) included a requirement in the draft code that the chief executive required the panel to include in the draft code.\n- (a) ask the technical advisory panel to amend the draft code; or\n- (b) refuse to accept the draft code.","sortOrder":396},{"sectionNumber":"ch.8-pt.2-div.2","sectionType":"division","heading":"Making end of waste codes","content":"## Making end of waste codes","sortOrder":397},{"sectionNumber":"sec.165","sectionType":"section","heading":"Publication of draft end of waste code","content":"### sec.165 Publication of draft end of waste code\n\nBefore the chief executive decides to make an end of waste code, the chief executive must publish the following on the department’s website—\na copy of the draft end of waste code; and\na notice stating—\nthat a person may make a submission to the chief executive about the draft end of waste code; and\nthe period, of at least 28 days (the consultation period ), during which the submission may be made; and\nhow to make a submission; and\nanother matter prescribed by regulation.\nThe chief executive must ensure the draft end of waste code and notice continue to be available from the department’s website throughout the consultation period.\nThe chief executive must consider all submissions made under subsection (1) before deciding whether or not to make the end of waste code.\ns 165 sub 2014 No. 59 s 167\namd 2017 No. 31 s 14\n(sec.165-ssec.1) Before the chief executive decides to make an end of waste code, the chief executive must publish the following on the department’s website— a copy of the draft end of waste code; and a notice stating— that a person may make a submission to the chief executive about the draft end of waste code; and the period, of at least 28 days (the consultation period ), during which the submission may be made; and how to make a submission; and another matter prescribed by regulation.\n(sec.165-ssec.2) The chief executive must ensure the draft end of waste code and notice continue to be available from the department’s website throughout the consultation period.\n(sec.165-ssec.3) The chief executive must consider all submissions made under subsection (1) before deciding whether or not to make the end of waste code.\n- (a) a copy of the draft end of waste code; and\n- (b) a notice stating— (i) that a person may make a submission to the chief executive about the draft end of waste code; and (ii) the period, of at least 28 days (the consultation period ), during which the submission may be made; and (iii) how to make a submission; and (iv) another matter prescribed by regulation.\n- (i) that a person may make a submission to the chief executive about the draft end of waste code; and\n- (ii) the period, of at least 28 days (the consultation period ), during which the submission may be made; and\n- (iii) how to make a submission; and\n- (iv) another matter prescribed by regulation.\n- (i) that a person may make a submission to the chief executive about the draft end of waste code; and\n- (ii) the period, of at least 28 days (the consultation period ), during which the submission may be made; and\n- (iii) how to make a submission; and\n- (iv) another matter prescribed by regulation.","sortOrder":398},{"sectionNumber":"sec.166","sectionType":"section","heading":"Notice of making end of waste code","content":"### sec.166 Notice of making end of waste code\n\nIf the chief executive decides to make an end of waste code, the chief executive must notify the making of an end of waste code by gazette notice.\nThe gazette notice must state—\nthe name of the end of waste code; and\nthe date the end of waste code was made; and\nwhere a copy of the end of waste code may be inspected.\nThe end of waste code takes effect on the later of the following—\nthe day the gazette notice is published;\nthe day stated in the gazette notice for that purpose;\nthe day stated in the end of waste code for that purpose.\ns 166 sub 2014 No. 59 s 167\n(sec.166-ssec.1) If the chief executive decides to make an end of waste code, the chief executive must notify the making of an end of waste code by gazette notice.\n(sec.166-ssec.2) The gazette notice must state— the name of the end of waste code; and the date the end of waste code was made; and where a copy of the end of waste code may be inspected.\n(sec.166-ssec.3) The end of waste code takes effect on the later of the following— the day the gazette notice is published; the day stated in the gazette notice for that purpose; the day stated in the end of waste code for that purpose.\n- (a) the name of the end of waste code; and\n- (b) the date the end of waste code was made; and\n- (c) where a copy of the end of waste code may be inspected.\n- (a) the day the gazette notice is published;\n- (b) the day stated in the gazette notice for that purpose;\n- (c) the day stated in the end of waste code for that purpose.","sortOrder":399},{"sectionNumber":"ch.8-pt.2-div.3","sectionType":"division","heading":"Amendment, cancellation or suspension of end of waste codes","content":"## Amendment, cancellation or suspension of end of waste codes","sortOrder":400},{"sectionNumber":"sec.167","sectionType":"section","heading":"Amendment of end of waste code","content":"### sec.167 Amendment of end of waste code\n\nThe chief executive may, on the chief executive’s own initiative, amend an end of waste code.\ns 167 amd 2013 No. 51 s 229 sch 1\nsub 2014 No. 59 s 167","sortOrder":401},{"sectionNumber":"sec.168","sectionType":"section","heading":"Application for amendment of end of waste code","content":"### sec.168 Application for amendment of end of waste code\n\nA person may apply to the chief executive to amend an end of waste code.\nSee chapter 8A , part 2 for general provisions that apply to the application.\ns 168 sub 2014 No. 59 s 167 ; 2017 No. 31 s 15","sortOrder":402},{"sectionNumber":"sec.169","sectionType":"section","heading":null,"content":"### Section sec.169\n\ns 169 sub 2014 No. 59 s 167\nom 2017 No. 31 s 16","sortOrder":403},{"sectionNumber":"sec.170","sectionType":"section","heading":null,"content":"### Section sec.170\n\ns 170 sub 2014 No. 59 s 167\nom 2017 No. 31 s 16","sortOrder":404},{"sectionNumber":"sec.171","sectionType":"section","heading":"Cancellation or suspension of end of waste code","content":"### sec.171 Cancellation or suspension of end of waste code\n\nThe chief executive may cancel or suspend an end of waste code if the chief executive is satisfied—\nthere is no longer a use for a particular resource under the code; or\nthe end of waste code was made on the basis of a miscalculation of—\nthe characteristics of the resource; and\nthe potential of the resource to cause serious environmental harm, or material environmental harm, because of those characteristics; or\nthe use of particular waste or a particular resource is unlawful; or\nit is necessary or desirable to do so having regard to the objects of the Act .\ns 171 sub 2014 No. 59 s 167\n- (a) there is no longer a use for a particular resource under the code; or\n- (b) the end of waste code was made on the basis of a miscalculation of— (i) the characteristics of the resource; and (ii) the potential of the resource to cause serious environmental harm, or material environmental harm, because of those characteristics; or\n- (i) the characteristics of the resource; and\n- (ii) the potential of the resource to cause serious environmental harm, or material environmental harm, because of those characteristics; or\n- (c) the use of particular waste or a particular resource is unlawful; or\n- (d) it is necessary or desirable to do so having regard to the objects of the Act .\n- (i) the characteristics of the resource; and\n- (ii) the potential of the resource to cause serious environmental harm, or material environmental harm, because of those characteristics; or","sortOrder":405},{"sectionNumber":"sec.172","sectionType":"section","heading":"Procedure for amending, cancelling or suspending end of waste code","content":"### sec.172 Procedure for amending, cancelling or suspending end of waste code\n\nThis section applies if the chief executive proposes—\nto amend an end of waste code; or\nto cancel or suspend an end of waste code.\nThe chief executive must—\ngive notice of the proposed action to each registered resource producer for the end of waste code; and\npublish a notice of the proposed action—\non the department’s website; and\nin any other way the chief executive considers appropriate.\nA notice under subsection (2) must state the following—\nthe action the chief executive proposes to take;\nif the proposed action is an amendment of an end of waste code—the proposed amendment;\nif the proposed action is suspension—the proposed period of the suspension;\nthe reasons for the proposed action;\nthe facts and circumstances that form the basis for the reasons;\nfor a notice given to a registered resource producer—that the registered resource producer may, within a stated period, make a written submission to the chief executive about the proposed action;\nfor a notice published under subsection (2) (b) —that any person may, within a stated period, make a written submission to the chief executive about the proposed action.\nThe stated period must not end before 28 days after whichever of the following happens last—\nthe day the notice is given to the registered resource producer under subsection (2) (a) ;\nthe day the notice is published under subsection (2) (b) .\nThe chief executive may decide whether or not to take the proposed action after considering—\nall submissions made under subsection (3) within the stated period; and\nif the proposed action is an amendment of an end of waste code—\nthe effect of the amendment on the use of a particular resource; and\nwhether the effect of the amendment on the use of a particular resource is likely to cause any serious environmental harm or material environmental harm; and\nthe waste and resource management hierarchy; and\nany advice, information or comment provided by any technical advisory panel; and\nanother matter prescribed by regulation.\nWithin 10 business days after making a decision, the chief executive must give each registered resource producer for the end of waste code—\nif the decision is to take the proposed action—an information notice for the decision; or\nif the decision is not to take the proposed action—a notice stating the decision.\nA decision to take the proposed action that is an amendment of the end of waste code takes effect for each registered resource producer for the code on the day the amended end of waste code takes effect under section 173 (4) .\nA decision to take the proposed action that is cancellation or suspension of the end of waste code takes effect for a registered resource producer on the later of the following days—\nthe day the information notice is given to the registered resource producer;\na later day stated in the information notice for that purpose.\ns 172 sub 2014 No. 59 s 167\namd 2017 No. 31 s 17 ; 2023 No. 6 s 130\n(sec.172-ssec.1) This section applies if the chief executive proposes— to amend an end of waste code; or to cancel or suspend an end of waste code.\n(sec.172-ssec.2) The chief executive must— give notice of the proposed action to each registered resource producer for the end of waste code; and publish a notice of the proposed action— on the department’s website; and in any other way the chief executive considers appropriate.\n(sec.172-ssec.3) A notice under subsection (2) must state the following— the action the chief executive proposes to take; if the proposed action is an amendment of an end of waste code—the proposed amendment; if the proposed action is suspension—the proposed period of the suspension; the reasons for the proposed action; the facts and circumstances that form the basis for the reasons; for a notice given to a registered resource producer—that the registered resource producer may, within a stated period, make a written submission to the chief executive about the proposed action; for a notice published under subsection (2) (b) —that any person may, within a stated period, make a written submission to the chief executive about the proposed action.\n(sec.172-ssec.4) The stated period must not end before 28 days after whichever of the following happens last— the day the notice is given to the registered resource producer under subsection (2) (a) ; the day the notice is published under subsection (2) (b) .\n(sec.172-ssec.5) The chief executive may decide whether or not to take the proposed action after considering— all submissions made under subsection (3) within the stated period; and if the proposed action is an amendment of an end of waste code— the effect of the amendment on the use of a particular resource; and whether the effect of the amendment on the use of a particular resource is likely to cause any serious environmental harm or material environmental harm; and the waste and resource management hierarchy; and any advice, information or comment provided by any technical advisory panel; and another matter prescribed by regulation.\n(sec.172-ssec.6) Within 10 business days after making a decision, the chief executive must give each registered resource producer for the end of waste code— if the decision is to take the proposed action—an information notice for the decision; or if the decision is not to take the proposed action—a notice stating the decision.\n(sec.172-ssec.7) A decision to take the proposed action that is an amendment of the end of waste code takes effect for each registered resource producer for the code on the day the amended end of waste code takes effect under section 173 (4) .\n(sec.172-ssec.8) A decision to take the proposed action that is cancellation or suspension of the end of waste code takes effect for a registered resource producer on the later of the following days— the day the information notice is given to the registered resource producer; a later day stated in the information notice for that purpose.\n- (a) to amend an end of waste code; or\n- (b) to cancel or suspend an end of waste code.\n- (a) give notice of the proposed action to each registered resource producer for the end of waste code; and\n- (b) publish a notice of the proposed action— (i) on the department’s website; and (ii) in any other way the chief executive considers appropriate.\n- (i) on the department’s website; and\n- (ii) in any other way the chief executive considers appropriate.\n- (i) on the department’s website; and\n- (ii) in any other way the chief executive considers appropriate.\n- (a) the action the chief executive proposes to take;\n- (b) if the proposed action is an amendment of an end of waste code—the proposed amendment;\n- (c) if the proposed action is suspension—the proposed period of the suspension;\n- (d) the reasons for the proposed action;\n- (e) the facts and circumstances that form the basis for the reasons;\n- (f) for a notice given to a registered resource producer—that the registered resource producer may, within a stated period, make a written submission to the chief executive about the proposed action;\n- (g) for a notice published under subsection (2) (b) —that any person may, within a stated period, make a written submission to the chief executive about the proposed action.\n- (a) the day the notice is given to the registered resource producer under subsection (2) (a) ;\n- (b) the day the notice is published under subsection (2) (b) .\n- (a) all submissions made under subsection (3) within the stated period; and\n- (b) if the proposed action is an amendment of an end of waste code— (i) the effect of the amendment on the use of a particular resource; and (ii) whether the effect of the amendment on the use of a particular resource is likely to cause any serious environmental harm or material environmental harm; and (iii) the waste and resource management hierarchy; and (iv) any advice, information or comment provided by any technical advisory panel; and\n- (i) the effect of the amendment on the use of a particular resource; and\n- (ii) whether the effect of the amendment on the use of a particular resource is likely to cause any serious environmental harm or material environmental harm; and\n- (iii) the waste and resource management hierarchy; and\n- (iv) any advice, information or comment provided by any technical advisory panel; and\n- (c) another matter prescribed by regulation.\n- (i) the effect of the amendment on the use of a particular resource; and\n- (ii) whether the effect of the amendment on the use of a particular resource is likely to cause any serious environmental harm or material environmental harm; and\n- (iii) the waste and resource management hierarchy; and\n- (iv) any advice, information or comment provided by any technical advisory panel; and\n- (a) if the decision is to take the proposed action—an information notice for the decision; or\n- (b) if the decision is not to take the proposed action—a notice stating the decision.\n- (a) the day the information notice is given to the registered resource producer;\n- (b) a later day stated in the information notice for that purpose.","sortOrder":406},{"sectionNumber":"sec.173","sectionType":"section","heading":"Publication and notification of amended end of waste code","content":"### sec.173 Publication and notification of amended end of waste code\n\nThis section applies if the chief executive amends an end of waste code under section 172 .\nThe chief executive must—\npublish a copy of the amended end of waste code—\non the department’s website; and\nin any other way the chief executive considers appropriate; and\nnotify the amendment of the end of waste code by gazette notice.\nThe gazette notice must state—\nthe name of the end of waste code; and\nthe date the end of waste code was amended; and\nwhere a copy of the amended end of waste code may be inspected.\nThe amended end of waste code takes effect on the later of the following—\nthe day the gazette notice is published;\nthe day stated in the gazette notice;\nthe day stated in the amended end of waste code.\ns 173 sub 2014 No. 59 s 167 ; 2017 No. 31 s 18\n(sec.173-ssec.1) This section applies if the chief executive amends an end of waste code under section 172 .\n(sec.173-ssec.2) The chief executive must— publish a copy of the amended end of waste code— on the department’s website; and in any other way the chief executive considers appropriate; and notify the amendment of the end of waste code by gazette notice.\n(sec.173-ssec.3) The gazette notice must state— the name of the end of waste code; and the date the end of waste code was amended; and where a copy of the amended end of waste code may be inspected.\n(sec.173-ssec.4) The amended end of waste code takes effect on the later of the following— the day the gazette notice is published; the day stated in the gazette notice; the day stated in the amended end of waste code.\n- (a) publish a copy of the amended end of waste code— (i) on the department’s website; and (ii) in any other way the chief executive considers appropriate; and\n- (i) on the department’s website; and\n- (ii) in any other way the chief executive considers appropriate; and\n- (b) notify the amendment of the end of waste code by gazette notice.\n- (i) on the department’s website; and\n- (ii) in any other way the chief executive considers appropriate; and\n- (a) the name of the end of waste code; and\n- (b) the date the end of waste code was amended; and\n- (c) where a copy of the amended end of waste code may be inspected.\n- (a) the day the gazette notice is published;\n- (b) the day stated in the gazette notice;\n- (c) the day stated in the amended end of waste code.","sortOrder":407},{"sectionNumber":"sec.173A","sectionType":"section","heading":"Minor amendment of end of waste code","content":"### sec.173A Minor amendment of end of waste code\n\nThe chief executive may make a minor amendment of an end of waste code by publishing a notice of the amendment—\non the department’s website; and\nin any other way the chief executive considers appropriate.\nThe chief executive may make the minor amendment to the end of waste code—\non the chief executive’s own initiative; or\non an application made under section 168 for a minor amendment of an end of waste code.\nThis section applies despite section 172 .\nIn this section—\nminor amendment , of an end of waste code, means an amendment of the code—\nto correct a minor or formal error in the code; or\nto make another change that is not a change of substance and does not adversely affect the interests of a registered resource producer or a person who is likely to receive a resource from the registered resource producer.\ns 173A ins 2014 No. 59 s 167\n(sec.173A-ssec.1) The chief executive may make a minor amendment of an end of waste code by publishing a notice of the amendment— on the department’s website; and in any other way the chief executive considers appropriate.\n(sec.173A-ssec.2) The chief executive may make the minor amendment to the end of waste code— on the chief executive’s own initiative; or on an application made under section 168 for a minor amendment of an end of waste code.\n(sec.173A-ssec.3) This section applies despite section 172 .\n(sec.173A-ssec.4) In this section— minor amendment , of an end of waste code, means an amendment of the code— to correct a minor or formal error in the code; or to make another change that is not a change of substance and does not adversely affect the interests of a registered resource producer or a person who is likely to receive a resource from the registered resource producer.\n- (a) on the department’s website; and\n- (b) in any other way the chief executive considers appropriate.\n- (a) on the chief executive’s own initiative; or\n- (b) on an application made under section 168 for a minor amendment of an end of waste code.\n- (a) to correct a minor or formal error in the code; or\n- (b) to make another change that is not a change of substance and does not adversely affect the interests of a registered resource producer or a person who is likely to receive a resource from the registered resource producer.","sortOrder":408},{"sectionNumber":"ch.8-pt.2-div.4","sectionType":"division","heading":"Registration of end of waste resource producers","content":"## Registration of end of waste resource producers","sortOrder":409},{"sectionNumber":"sec.173B","sectionType":"section","heading":"Registration of end of waste resource producers","content":"### sec.173B Registration of end of waste resource producers\n\nA person becomes a registered resource producer for an end of waste code by giving the chief executive a notice that the person intends to become a registered resource producer for the code.\nThe notice must—\nbe in the approved form; and\ninclude the information prescribed by regulation; and\nbe accompanied by the fee prescribed by regulation.\nA person stops being a registered resource producer for an end of waste code by giving the chief executive a notice in the approved form.\ns 173B ins 2014 No. 59 s 167\namd 2017 No. 31 s 19\n(sec.173B-ssec.1) A person becomes a registered resource producer for an end of waste code by giving the chief executive a notice that the person intends to become a registered resource producer for the code.\n(sec.173B-ssec.2) The notice must— be in the approved form; and include the information prescribed by regulation; and be accompanied by the fee prescribed by regulation.\n(sec.173B-ssec.3) A person stops being a registered resource producer for an end of waste code by giving the chief executive a notice in the approved form.\n- (a) be in the approved form; and\n- (b) include the information prescribed by regulation; and\n- (c) be accompanied by the fee prescribed by regulation.","sortOrder":410},{"sectionNumber":"sec.173C","sectionType":"section","heading":"Cancellation or suspension of registration","content":"### sec.173C Cancellation or suspension of registration\n\nThe chief executive may cancel or suspend a registered resource producer’s registration if the chief executive reasonably believes the registered resource producer has failed to comply with a requirement of an end of waste code.\nThe chief executive may act under subsection (1) regardless of whether the chief executive has given the registered resource producer a show cause notice under chapter 11 .\ns 173C ins 2014 No. 59 s 167\n(sec.173C-ssec.1) The chief executive may cancel or suspend a registered resource producer’s registration if the chief executive reasonably believes the registered resource producer has failed to comply with a requirement of an end of waste code.\n(sec.173C-ssec.2) The chief executive may act under subsection (1) regardless of whether the chief executive has given the registered resource producer a show cause notice under chapter 11 .","sortOrder":411},{"sectionNumber":"sec.173D","sectionType":"section","heading":"Procedure for cancelling or suspending registration","content":"### sec.173D Procedure for cancelling or suspending registration\n\nBefore cancelling or suspending a registered resource producer’s registration under section 173C , the chief executive must give the person a notice stating the following—\nthe action the chief executive proposes to take;\nif the proposed action is suspension—the period of the suspension;\nthe reasons for the proposed action;\nthe facts and circumstances that form the basis for the reasons;\nthat the person may, within a stated period, make a written submission to the chief executive about why the proposed action should not be taken.\nFor subsection (1) (e) , the stated period must not end less than 28 days after the registered resource producer is given the notice.\nThe chief executive must consider any submissions made under subsection (1) .\nWithin 5 business days after deciding whether or not to take the proposed action, the chief executive must give the registered resource producer—\nif the decision is to take the proposed action—an information notice for the decision; or\nif the decision is not to take the proposed action—a notice stating the decision.\nA decision to take the proposed action takes effect the day the information notice is given to the registered resource producer.\ns 173D ins 2014 No. 59 s 167\namd 2017 No. 31 s 20\n(sec.173D-ssec.1) Before cancelling or suspending a registered resource producer’s registration under section 173C , the chief executive must give the person a notice stating the following— the action the chief executive proposes to take; if the proposed action is suspension—the period of the suspension; the reasons for the proposed action; the facts and circumstances that form the basis for the reasons; that the person may, within a stated period, make a written submission to the chief executive about why the proposed action should not be taken.\n(sec.173D-ssec.2) For subsection (1) (e) , the stated period must not end less than 28 days after the registered resource producer is given the notice.\n(sec.173D-ssec.3) The chief executive must consider any submissions made under subsection (1) .\n(sec.173D-ssec.4) Within 5 business days after deciding whether or not to take the proposed action, the chief executive must give the registered resource producer— if the decision is to take the proposed action—an information notice for the decision; or if the decision is not to take the proposed action—a notice stating the decision.\n(sec.173D-ssec.5) A decision to take the proposed action takes effect the day the information notice is given to the registered resource producer.\n- (a) the action the chief executive proposes to take;\n- (b) if the proposed action is suspension—the period of the suspension;\n- (c) the reasons for the proposed action;\n- (d) the facts and circumstances that form the basis for the reasons;\n- (e) that the person may, within a stated period, make a written submission to the chief executive about why the proposed action should not be taken.\n- (a) if the decision is to take the proposed action—an information notice for the decision; or\n- (b) if the decision is not to take the proposed action—a notice stating the decision.","sortOrder":412},{"sectionNumber":"sec.173E","sectionType":"section","heading":"Particular circumstances when end of waste approval lapses","content":"### sec.173E Particular circumstances when end of waste approval lapses\n\nThis section applies if the holder of an end of waste approval relating to a particular waste becomes a registered resource producer for an end of waste code for the same waste.\nThe person’s end of waste approval lapses.\ns 173E ins 2014 No. 59 s 167\namd 2017 No. 31 s 21\n(sec.173E-ssec.1) This section applies if the holder of an end of waste approval relating to a particular waste becomes a registered resource producer for an end of waste code for the same waste.\n(sec.173E-ssec.2) The person’s end of waste approval lapses.","sortOrder":413},{"sectionNumber":"sec.173F","sectionType":"section","heading":"Register of registered resource producers","content":"### sec.173F Register of registered resource producers\n\nThe chief executive must maintain a register of registered resource producers for each end of waste code.\nThe register may be kept in electronic form.\nThe chief executive may publish information from the register in a way the chief executive considers appropriate.\nHowever, the chief executive must not publish confidential information included in the register.\nIn this section—\nconfidential information —\nmeans information that—\ncould identify an individual; or\nis about a person’s current financial position or financial background; or\nwould be likely to damage the commercial activities of a person to whom the information relates; but\ndoes not include—\ninformation that is publicly available; or\nstatistical or other information that could not reasonably be expected to identify an individual to whom it relates.\ns 173F ins 2014 No. 59 s 167\namd 2017 No. 31 s 22\n(sec.173F-ssec.1) The chief executive must maintain a register of registered resource producers for each end of waste code.\n(sec.173F-ssec.2) The register may be kept in electronic form.\n(sec.173F-ssec.3) The chief executive may publish information from the register in a way the chief executive considers appropriate.\n(sec.173F-ssec.4) However, the chief executive must not publish confidential information included in the register.\n(sec.173F-ssec.5) In this section— confidential information — means information that— could identify an individual; or is about a person’s current financial position or financial background; or would be likely to damage the commercial activities of a person to whom the information relates; but does not include— information that is publicly available; or statistical or other information that could not reasonably be expected to identify an individual to whom it relates.\n- (a) means information that— (i) could identify an individual; or (ii) is about a person’s current financial position or financial background; or (iii) would be likely to damage the commercial activities of a person to whom the information relates; but\n- (i) could identify an individual; or\n- (ii) is about a person’s current financial position or financial background; or\n- (iii) would be likely to damage the commercial activities of a person to whom the information relates; but\n- (b) does not include— (i) information that is publicly available; or (ii) statistical or other information that could not reasonably be expected to identify an individual to whom it relates.\n- (i) information that is publicly available; or\n- (ii) statistical or other information that could not reasonably be expected to identify an individual to whom it relates.\n- (i) could identify an individual; or\n- (ii) is about a person’s current financial position or financial background; or\n- (iii) would be likely to damage the commercial activities of a person to whom the information relates; but\n- (i) information that is publicly available; or\n- (ii) statistical or other information that could not reasonably be expected to identify an individual to whom it relates.","sortOrder":414},{"sectionNumber":"ch.8-pt.2-div.5","sectionType":"division","heading":"Miscellaneous","content":"## Miscellaneous","sortOrder":415},{"sectionNumber":"sec.173G","sectionType":"section","heading":"Technical advisory panels","content":"### sec.173G Technical advisory panels\n\nThe chief executive may establish a panel (a technical advisory panel )—\nto—\nconsider matters relating to the development of a draft end of waste code; and\nif necessary, prepare a draft end of waste code; or\nto consider and provide advice, information or comment about—\na draft end of waste code prepared by the chief executive; or\nan amendment of an end of waste code.\nA regulation may prescribe matters for a technical advisory panel, including, but not limited to, the following matters—\nthe terms of reference for the panel;\nthe appointment of members of the panel;\nthe composition of the panel membership;\nthe resignation of members of the panel;\nthe disclosure of interests of members of the panel;\nthe termination of appointment of members of the panel.\ns 173G ins 2014 No. 59 s 167\n(sec.173G-ssec.1) The chief executive may establish a panel (a technical advisory panel )— to— consider matters relating to the development of a draft end of waste code; and if necessary, prepare a draft end of waste code; or to consider and provide advice, information or comment about— a draft end of waste code prepared by the chief executive; or an amendment of an end of waste code.\n(sec.173G-ssec.2) A regulation may prescribe matters for a technical advisory panel, including, but not limited to, the following matters— the terms of reference for the panel; the appointment of members of the panel; the composition of the panel membership; the resignation of members of the panel; the disclosure of interests of members of the panel; the termination of appointment of members of the panel.\n- (a) to— (i) consider matters relating to the development of a draft end of waste code; and (ii) if necessary, prepare a draft end of waste code; or\n- (i) consider matters relating to the development of a draft end of waste code; and\n- (ii) if necessary, prepare a draft end of waste code; or\n- (b) to consider and provide advice, information or comment about— (i) a draft end of waste code prepared by the chief executive; or (ii) an amendment of an end of waste code.\n- (i) a draft end of waste code prepared by the chief executive; or\n- (ii) an amendment of an end of waste code.\n- (i) consider matters relating to the development of a draft end of waste code; and\n- (ii) if necessary, prepare a draft end of waste code; or\n- (i) a draft end of waste code prepared by the chief executive; or\n- (ii) an amendment of an end of waste code.\n- (a) the terms of reference for the panel;\n- (b) the appointment of members of the panel;\n- (c) the composition of the panel membership;\n- (d) the resignation of members of the panel;\n- (e) the disclosure of interests of members of the panel;\n- (f) the termination of appointment of members of the panel.","sortOrder":416},{"sectionNumber":"sec.173H","sectionType":"section","heading":"Chief executive may seek advice, comment or information about pt 2","content":"### sec.173H Chief executive may seek advice, comment or information about pt 2\n\nThe chief executive may ask any entity for advice, comment or information about the operation of this part, including, for example, the operation of an end of waste code.\nThere is no particular way advice, comment or information must be asked for and received and the request may be by public notice.\ns 173H ins 2014 No. 59 s 167\n(sec.173H-ssec.1) The chief executive may ask any entity for advice, comment or information about the operation of this part, including, for example, the operation of an end of waste code.\n(sec.173H-ssec.2) There is no particular way advice, comment or information must be asked for and received and the request may be by public notice.","sortOrder":417},{"sectionNumber":"ch.8-pt.3","sectionType":"part","heading":"End of waste approvals","content":"# End of waste approvals","sortOrder":418},{"sectionNumber":"sec.173I","sectionType":"section","heading":"Application","content":"### sec.173I Application\n\nA person may apply to the chief executive for an end of waste approval to conduct a trial for 1 kind of waste to demonstrate whether or not the waste is suitable to be used as a resource.\nSee chapter 8A for general provisions that apply to the application and to an end of waste approval.\nThe application must be accompanied by a written report about the application, in the approved form, prepared by a suitably qualified person.\nA regulation may prescribe matters about preparing a written report.\nIn this section—\nsuitably qualified person , in relation to a written report, means a person who—\nhas the qualifications and experience appropriate for preparing the report; and\nmeets any other criteria prescribed by regulation.\ns 173I ins 2014 No. 59 s 167\nsub 2017 No. 31 s 23\n(sec.173I-ssec.1) A person may apply to the chief executive for an end of waste approval to conduct a trial for 1 kind of waste to demonstrate whether or not the waste is suitable to be used as a resource. See chapter 8A for general provisions that apply to the application and to an end of waste approval.\n(sec.173I-ssec.2) The application must be accompanied by a written report about the application, in the approved form, prepared by a suitably qualified person.\n(sec.173I-ssec.3) A regulation may prescribe matters about preparing a written report.\n(sec.173I-ssec.4) In this section— suitably qualified person , in relation to a written report, means a person who— has the qualifications and experience appropriate for preparing the report; and meets any other criteria prescribed by regulation.\n- (a) has the qualifications and experience appropriate for preparing the report; and\n- (b) meets any other criteria prescribed by regulation.","sortOrder":419},{"sectionNumber":"sec.173J","sectionType":"section","heading":"Particular matters for making decision","content":"### sec.173J Particular matters for making decision\n\nIn deciding whether to grant the end of waste approval, the chief executive must consider whether—\nthe proposed management of the particular waste or the use of a particular resource is likely to cause any serious environmental harm, material environmental harm or environmental nuisance; and\nit is reasonably practicable for an end of waste code to be made for the particular waste the subject of the application.\nSee section 173V for the general criteria that apply for deciding the application.\nThe period for deciding the application is 40 business days and the period may be extended for 20 business days.\nIf the chief executive decides to grant the end of waste approval, the notice given to the applicant under section 173W must state the particular waste to which the approval relates.\ns 173J ins 2014 No. 59 s 167\nsub 2017 No. 31 s 23\n(sec.173J-ssec.1) In deciding whether to grant the end of waste approval, the chief executive must consider whether— the proposed management of the particular waste or the use of a particular resource is likely to cause any serious environmental harm, material environmental harm or environmental nuisance; and it is reasonably practicable for an end of waste code to be made for the particular waste the subject of the application. See section 173V for the general criteria that apply for deciding the application.\n(sec.173J-ssec.2) The period for deciding the application is 40 business days and the period may be extended for 20 business days.\n(sec.173J-ssec.3) If the chief executive decides to grant the end of waste approval, the notice given to the applicant under section 173W must state the particular waste to which the approval relates.\n- (a) the proposed management of the particular waste or the use of a particular resource is likely to cause any serious environmental harm, material environmental harm or environmental nuisance; and\n- (b) it is reasonably practicable for an end of waste code to be made for the particular waste the subject of the application.","sortOrder":420},{"sectionNumber":"sec.173K","sectionType":"section","heading":"Conditions of end of waste approval","content":"### sec.173K Conditions of end of waste approval\n\nA condition imposed on an end of waste approval under section 173X may impose an obligation on—\nthe holder of the approval; or\na resource user of a resource under the approval.\nThe holder of, or a resource user or other person acting under, an end of waste approval must comply with the conditions of the approval.\nMaximum penalty—1,665 penalty units.\nIf a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 268 , to have also committed the offence.\ns 173K ins 2014 No. 59 s 167\nsub 2017 No. 31 s 23\n(sec.173K-ssec.1) A condition imposed on an end of waste approval under section 173X may impose an obligation on— the holder of the approval; or a resource user of a resource under the approval.\n(sec.173K-ssec.2) The holder of, or a resource user or other person acting under, an end of waste approval must comply with the conditions of the approval. Maximum penalty—1,665 penalty units. If a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 268 , to have also committed the offence.\n- (a) the holder of the approval; or\n- (b) a resource user of a resource under the approval.","sortOrder":421},{"sectionNumber":"sec.173L","sectionType":"section","heading":"Extending end of waste approval","content":"### sec.173L Extending end of waste approval\n\nThe holder of an end of waste approval may apply to the chief executive, on 1 occasion, to extend the approval.\nSee chapter 8A , part 2 for general provisions that apply to the application.\nThe application must be made at least 2 months before the end of waste approval expires.\nIn deciding the application, the chief executive must consider—\nthe matters mentioned in section 173J (1) ; and\nwhether the waste and resource to which the approval relates would be more appropriately managed as a waste management ERA.\nSee section 173V for the general criteria that apply for deciding the application.\ns 173L ins 2014 No. 59 s 167\nsub 2017 No. 31 s 23\n(sec.173L-ssec.1) The holder of an end of waste approval may apply to the chief executive, on 1 occasion, to extend the approval. See chapter 8A , part 2 for general provisions that apply to the application.\n(sec.173L-ssec.2) The application must be made at least 2 months before the end of waste approval expires.\n(sec.173L-ssec.3) In deciding the application, the chief executive must consider— the matters mentioned in section 173J (1) ; and whether the waste and resource to which the approval relates would be more appropriately managed as a waste management ERA. See section 173V for the general criteria that apply for deciding the application.\n- (a) the matters mentioned in section 173J (1) ; and\n- (b) whether the waste and resource to which the approval relates would be more appropriately managed as a waste management ERA.","sortOrder":422},{"sectionNumber":"sec.173M","sectionType":"section","heading":"Applying to amend end of waste approval","content":"### sec.173M Applying to amend end of waste approval\n\nThe holder of an end of waste approval may apply to the chief executive to amend the approval (an amendment application ).\nSee chapter 8A , part 2 for general provisions that apply to the application.\nThe application must be accompanied by a written report about the application, in the approved form, prepared by a suitably qualified person.\nA regulation may prescribe matters about preparing a written report.\nThe period for deciding the application is—\nif the application is for a minor amendment of the approval—20 business days; or\notherwise—40 business days that may be extended, under section 173U , by 20 business days.\nIn this section—\nenvironmental harm see the Environmental Protection Act , section 14 .\nminor amendment , of an approval, means an amendment of the approval—\nto correct a minor or formal error in the approval; or\nto make a change that is not a change of substance and does not—\nrelate to the characteristics of the resource, including, for example, the physical, chemical or biological properties of the resource; or\nrelate to the use of the resource; or\nsignificantly increase any environmental harm caused by the use of the resource; or\nadversely affect the interests of the holder of the approval or another person; or\nof a type prescribed by regulation.\nsuitably qualified person , in relation to a written report, means a person who—\nhas the qualifications and experience appropriate for preparing the report; and\nmeets any other criteria prescribed by regulation.\ns 173M ins 2014 No. 59 s 167\nsub 2017 No. 31 s 23\namd 2023 No. 6 s 131\n(sec.173M-ssec.1) The holder of an end of waste approval may apply to the chief executive to amend the approval (an amendment application ). See chapter 8A , part 2 for general provisions that apply to the application.\n(sec.173M-ssec.2) The application must be accompanied by a written report about the application, in the approved form, prepared by a suitably qualified person.\n(sec.173M-ssec.3) A regulation may prescribe matters about preparing a written report.\n(sec.173M-ssec.4) The period for deciding the application is— if the application is for a minor amendment of the approval—20 business days; or otherwise—40 business days that may be extended, under section 173U , by 20 business days.\n(sec.173M-ssec.5) In this section— environmental harm see the Environmental Protection Act , section 14 . minor amendment , of an approval, means an amendment of the approval— to correct a minor or formal error in the approval; or to make a change that is not a change of substance and does not— relate to the characteristics of the resource, including, for example, the physical, chemical or biological properties of the resource; or relate to the use of the resource; or significantly increase any environmental harm caused by the use of the resource; or adversely affect the interests of the holder of the approval or another person; or of a type prescribed by regulation. suitably qualified person , in relation to a written report, means a person who— has the qualifications and experience appropriate for preparing the report; and meets any other criteria prescribed by regulation.\n- (a) if the application is for a minor amendment of the approval—20 business days; or\n- (b) otherwise—40 business days that may be extended, under section 173U , by 20 business days.\n- (a) to correct a minor or formal error in the approval; or\n- (b) to make a change that is not a change of substance and does not— (i) relate to the characteristics of the resource, including, for example, the physical, chemical or biological properties of the resource; or (ii) relate to the use of the resource; or (iii) significantly increase any environmental harm caused by the use of the resource; or (iv) adversely affect the interests of the holder of the approval or another person; or\n- (i) relate to the characteristics of the resource, including, for example, the physical, chemical or biological properties of the resource; or\n- (ii) relate to the use of the resource; or\n- (iii) significantly increase any environmental harm caused by the use of the resource; or\n- (iv) adversely affect the interests of the holder of the approval or another person; or\n- (c) of a type prescribed by regulation.\n- (i) relate to the characteristics of the resource, including, for example, the physical, chemical or biological properties of the resource; or\n- (ii) relate to the use of the resource; or\n- (iii) significantly increase any environmental harm caused by the use of the resource; or\n- (iv) adversely affect the interests of the holder of the approval or another person; or\n- (a) has the qualifications and experience appropriate for preparing the report; and\n- (b) meets any other criteria prescribed by regulation.","sortOrder":423},{"sectionNumber":"sec.173N","sectionType":"section","heading":"Decision about amendment of end of waste approval","content":"### sec.173N Decision about amendment of end of waste approval\n\nThis section applies if the chief executive is deciding whether or not to amend an end of waste approval—\non an application made under section 173M ; or\nafter giving the holder of the approval a show cause notice about a proposed amendment to the approval under section 173ZB .\nThe chief executive must consider—\nthe effect of the amendment on the management of the particular waste or the use of a particular resource; and\nwhether the effect of the amendment on the management of a particular waste or the use of a particular resource may, or is likely to, cause any serious environmental harm, material environmental harm or environmental nuisance; and\nif, under section 173Q , the chief executive asks a technical advisory panel for advice, comment or information relevant to the amendment—any relevant advice, comment or information provided by the panel in response to the request.\ns 173N ins 2014 No. 59 s 167\nsub 2017 No. 31 s 23\namd 2023 No. 6 s 132\n(sec.173N-ssec.1) This section applies if the chief executive is deciding whether or not to amend an end of waste approval— on an application made under section 173M ; or after giving the holder of the approval a show cause notice about a proposed amendment to the approval under section 173ZB .\n(sec.173N-ssec.2) The chief executive must consider— the effect of the amendment on the management of the particular waste or the use of a particular resource; and whether the effect of the amendment on the management of a particular waste or the use of a particular resource may, or is likely to, cause any serious environmental harm, material environmental harm or environmental nuisance; and if, under section 173Q , the chief executive asks a technical advisory panel for advice, comment or information relevant to the amendment—any relevant advice, comment or information provided by the panel in response to the request.\n- (a) on an application made under section 173M ; or\n- (b) after giving the holder of the approval a show cause notice about a proposed amendment to the approval under section 173ZB .\n- (a) the effect of the amendment on the management of the particular waste or the use of a particular resource; and\n- (b) whether the effect of the amendment on the management of a particular waste or the use of a particular resource may, or is likely to, cause any serious environmental harm, material environmental harm or environmental nuisance; and\n- (c) if, under section 173Q , the chief executive asks a technical advisory panel for advice, comment or information relevant to the amendment—any relevant advice, comment or information provided by the panel in response to the request.","sortOrder":424},{"sectionNumber":"sec.173O","sectionType":"section","heading":"Applying to transfer end of waste approval","content":"### sec.173O Applying to transfer end of waste approval\n\nThe holder of an end of waste approval may apply to the chief executive to transfer the approval to another person.\nSee chapter 8A , part 2 for general provisions that apply to the application.\nThe application must be accompanied by the signed consent of the proposed transferee.\nThe period for deciding the application is 20 business days.\nIf the chief executive decides to grant the application, the chief executive must, in addition to the notice under section 173W , give a notice about the decision to the proposed transferee within 5 business days after making the decision.\ns 173O ins 2014 No. 59 s 167\nsub 2017 No. 31 s 23\namd 2023 No. 6 s 133\n(sec.173O-ssec.1) The holder of an end of waste approval may apply to the chief executive to transfer the approval to another person. See chapter 8A , part 2 for general provisions that apply to the application.\n(sec.173O-ssec.2) The application must be accompanied by the signed consent of the proposed transferee.\n(sec.173O-ssec.3) The period for deciding the application is 20 business days.\n(sec.173O-ssec.4) If the chief executive decides to grant the application, the chief executive must, in addition to the notice under section 173W , give a notice about the decision to the proposed transferee within 5 business days after making the decision.","sortOrder":425},{"sectionNumber":"sec.173P","sectionType":"section","heading":"Grounds for suspending or cancelling end of waste approval","content":"### sec.173P Grounds for suspending or cancelling end of waste approval\n\nEach of the following is a ground for suspending or cancelling an end of waste approval—\nthere is no longer a use, or likely to be a future use, for a particular resource under the approval;\nthe management of a particular waste or the use of a particular resource under the approval has caused, or is likely to cause, serious environmental harm, material environmental harm or environmental nuisance that is unlawful under the Environmental Protection Act , section 493A ;\nthe use of the particular waste or a resource the subject of the approval is otherwise unlawful.\nAlso, it is a ground for cancelling an end of waste approval that—\nan end of waste code for a particular resource to which the end of waste approval relates is in effect; and\nthe chief executive reasonably believes the holder of the end of waste approval may operate under the end of waste code.\ns 173P ins 2014 No. 59 s 167\nsub 2017 No. 31 s 23\n(sec.173P-ssec.1) Each of the following is a ground for suspending or cancelling an end of waste approval— there is no longer a use, or likely to be a future use, for a particular resource under the approval; the management of a particular waste or the use of a particular resource under the approval has caused, or is likely to cause, serious environmental harm, material environmental harm or environmental nuisance that is unlawful under the Environmental Protection Act , section 493A ; the use of the particular waste or a resource the subject of the approval is otherwise unlawful.\n(sec.173P-ssec.2) Also, it is a ground for cancelling an end of waste approval that— an end of waste code for a particular resource to which the end of waste approval relates is in effect; and the chief executive reasonably believes the holder of the end of waste approval may operate under the end of waste code.\n- (a) there is no longer a use, or likely to be a future use, for a particular resource under the approval;\n- (b) the management of a particular waste or the use of a particular resource under the approval has caused, or is likely to cause, serious environmental harm, material environmental harm or environmental nuisance that is unlawful under the Environmental Protection Act , section 493A ;\n- (c) the use of the particular waste or a resource the subject of the approval is otherwise unlawful.\n- (a) an end of waste code for a particular resource to which the end of waste approval relates is in effect; and\n- (b) the chief executive reasonably believes the holder of the end of waste approval may operate under the end of waste code.","sortOrder":426},{"sectionNumber":"sec.173Q","sectionType":"section","heading":"Chief executive may seek advice, comment or information","content":"### sec.173Q Chief executive may seek advice, comment or information\n\nThe chief executive may ask any entity for advice, comment or information about the operation of this part at any time.\ns 173Q ins 2014 No. 59 s 167\nsub 2017 No. 31 s 23","sortOrder":427},{"sectionNumber":"ch.8A-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":428},{"sectionNumber":"sec.173R","sectionType":"section","heading":"Application of chapter","content":"### sec.173R Application of chapter\n\nThis chapter applies to the following approvals (each an approval ) under this Act—\na container approval under chapter 4 , part 3B , division 5 ;\nan extraordinary circumstances exemption;\nan end of waste approval under chapter 8 , part 3 .\nIn particular, part 2 applies to making and deciding applications for an approval to be granted, amended, extended or transferred.\nThis chapter does not limit or otherwise affect a requirement under another provision of this Act about a particular approval or making or deciding a particular application.\ns 173R ins 2014 No. 59 s 167\nsub 2017 No. 31 ss 23 – 24\n(sec.173R-ssec.1) This chapter applies to the following approvals (each an approval ) under this Act— a container approval under chapter 4 , part 3B , division 5 ; an extraordinary circumstances exemption; an end of waste approval under chapter 8 , part 3 .\n(sec.173R-ssec.2) In particular, part 2 applies to making and deciding applications for an approval to be granted, amended, extended or transferred.\n(sec.173R-ssec.3) This chapter does not limit or otherwise affect a requirement under another provision of this Act about a particular approval or making or deciding a particular application.\n- (a) a container approval under chapter 4 , part 3B , division 5 ;\n- (b) an extraordinary circumstances exemption;\n- (c) an end of waste approval under chapter 8 , part 3 .","sortOrder":429},{"sectionNumber":"ch.8A-pt.2","sectionType":"part","heading":"Applications","content":"# Applications","sortOrder":430},{"sectionNumber":"sec.173S","sectionType":"section","heading":"Application","content":"### sec.173S Application\n\nAn application must be—\nin the approved form; and\naccompanied by any other information or documents prescribed by regulation for the application; and\naccompanied by the fee prescribed by regulation.\ns 173S ins 2014 No. 59 s 167\nsub 2017 No. 31 ss 23 – 24\n- (a) in the approved form; and\n- (b) accompanied by any other information or documents prescribed by regulation for the application; and\n- (c) accompanied by the fee prescribed by regulation.","sortOrder":431},{"sectionNumber":"sec.173T","sectionType":"section","heading":"Chief executive may require additional information or documents","content":"### sec.173T Chief executive may require additional information or documents\n\nThe chief executive may, by notice, require the applicant to give the chief executive further information or documents the chief executive reasonably requires to decide the application.\nThe notice must—\nbe given to the applicant within 20 business days after the chief executive receives the application; and\nstate a reasonable period within which the applicant must comply with the notice.\nThe chief executive and the applicant may, before the stated period ends, agree to extend the period.\nThe application is taken to have lapsed if the applicant does not comply with the notice.\ns 173T ins 2014 No. 59 s 167\nsub 2017 No. 31 ss 23 – 24\n(sec.173T-ssec.1) The chief executive may, by notice, require the applicant to give the chief executive further information or documents the chief executive reasonably requires to decide the application.\n(sec.173T-ssec.2) The notice must— be given to the applicant within 20 business days after the chief executive receives the application; and state a reasonable period within which the applicant must comply with the notice.\n(sec.173T-ssec.3) The chief executive and the applicant may, before the stated period ends, agree to extend the period.\n(sec.173T-ssec.4) The application is taken to have lapsed if the applicant does not comply with the notice.\n- (a) be given to the applicant within 20 business days after the chief executive receives the application; and\n- (b) state a reasonable period within which the applicant must comply with the notice.","sortOrder":432},{"sectionNumber":"sec.173U","sectionType":"section","heading":"Deciding application","content":"### sec.173U Deciding application\n\nThe chief executive must decide to grant or refuse to grant the application within the required decision-making period for the application.\nHowever, the chief executive may extend, on 1 occasion, the required decision-making period for deciding the application by giving the applicant a notice about the extension before the end of the period.\nThe extension must not be more than—\nif another provision of this Act states a period by which the required decision-making period may be extended—the stated period; or\notherwise—10 business days.\nA failure to make a decision under this section is taken to be a decision to refuse to grant the application.\nIn this section—\nrequired decision-making period , for an application, means the period—\nthat starts on the later of the following days—\nthe day the chief executive receives the application;\nif further information or documents are requested under section 173T —the day the chief executive receives the information or documents; and\nthat ends after either of the following periods—\nif another provision of this Act states a period for deciding the application—the stated period;\notherwise—20 business days.\ns 173U ins 2014 No. 59 s 167\nsub 2017 No. 31 ss 23 – 24\n(sec.173U-ssec.1) The chief executive must decide to grant or refuse to grant the application within the required decision-making period for the application.\n(sec.173U-ssec.2) However, the chief executive may extend, on 1 occasion, the required decision-making period for deciding the application by giving the applicant a notice about the extension before the end of the period.\n(sec.173U-ssec.3) The extension must not be more than— if another provision of this Act states a period by which the required decision-making period may be extended—the stated period; or otherwise—10 business days.\n(sec.173U-ssec.4) A failure to make a decision under this section is taken to be a decision to refuse to grant the application.\n(sec.173U-ssec.5) In this section— required decision-making period , for an application, means the period— that starts on the later of the following days— the day the chief executive receives the application; if further information or documents are requested under section 173T —the day the chief executive receives the information or documents; and that ends after either of the following periods— if another provision of this Act states a period for deciding the application—the stated period; otherwise—20 business days.\n- (a) if another provision of this Act states a period by which the required decision-making period may be extended—the stated period; or\n- (b) otherwise—10 business days.\n- (a) that starts on the later of the following days— (i) the day the chief executive receives the application; (ii) if further information or documents are requested under section 173T —the day the chief executive receives the information or documents; and\n- (i) the day the chief executive receives the application;\n- (ii) if further information or documents are requested under section 173T —the day the chief executive receives the information or documents; and\n- (b) that ends after either of the following periods— (i) if another provision of this Act states a period for deciding the application—the stated period; (ii) otherwise—20 business days.\n- (i) if another provision of this Act states a period for deciding the application—the stated period;\n- (ii) otherwise—20 business days.\n- (i) the day the chief executive receives the application;\n- (ii) if further information or documents are requested under section 173T —the day the chief executive receives the information or documents; and\n- (i) if another provision of this Act states a period for deciding the application—the stated period;\n- (ii) otherwise—20 business days.","sortOrder":433},{"sectionNumber":"sec.173V","sectionType":"section","heading":"General criteria for deciding application","content":"### sec.173V General criteria for deciding application\n\nIn deciding the application, the chief executive must consider the following—\nthe objects of this Act and how they are to be achieved, as stated in chapter 1 , part 2 ;\nthe waste and resource management hierarchy;\na matter for the decision stated in another provision of this Act;\nanother matter prescribed by regulation for the decision.\nThis section does not limit the matters the chief executive may consider in making the decision.\ns 173V ins 2014 No. 59 s 167\nsub 2017 No. 31 ss 23 – 24\n(sec.173V-ssec.1) In deciding the application, the chief executive must consider the following— the objects of this Act and how they are to be achieved, as stated in chapter 1 , part 2 ; the waste and resource management hierarchy; a matter for the decision stated in another provision of this Act; another matter prescribed by regulation for the decision.\n(sec.173V-ssec.2) This section does not limit the matters the chief executive may consider in making the decision.\n- (a) the objects of this Act and how they are to be achieved, as stated in chapter 1 , part 2 ;\n- (b) the waste and resource management hierarchy;\n- (c) a matter for the decision stated in another provision of this Act;\n- (d) another matter prescribed by regulation for the decision.","sortOrder":434},{"sectionNumber":"sec.173W","sectionType":"section","heading":"Granting application","content":"### sec.173W Granting application\n\nIf the chief executive decides to grant the application, the chief executive must give the applicant a notice about the decision within 5 business days after making the decision.\nIf the decision is to grant an approval, the notice must state the following—\nthat the approval has been granted;\nthe person to whom the approval is granted;\nif the approval is granted for a term—when the approval ends;\na matter stated in another provision of this Act for the notice;\nany conditions imposed on the approval;\nif conditions are imposed on the approval—the reasons for the conditions.\nIf the decision is to amend an approval, the notice must state the following—\nhow the approval is amended;\nany new conditions imposed on the approval;\nany existing conditions amended for the approval;\nwhen the amendment takes effect.\nIf the chief executive imposes or amends any conditions on the approval, the notice must also be an information notice for the decision to impose the conditions.\ns 173W ins 2014 No. 59 s 167\nsub 2017 No. 31 ss 23 – 24\n(sec.173W-ssec.1) If the chief executive decides to grant the application, the chief executive must give the applicant a notice about the decision within 5 business days after making the decision.\n(sec.173W-ssec.2) If the decision is to grant an approval, the notice must state the following— that the approval has been granted; the person to whom the approval is granted; if the approval is granted for a term—when the approval ends; a matter stated in another provision of this Act for the notice; any conditions imposed on the approval; if conditions are imposed on the approval—the reasons for the conditions.\n(sec.173W-ssec.3) If the decision is to amend an approval, the notice must state the following— how the approval is amended; any new conditions imposed on the approval; any existing conditions amended for the approval; when the amendment takes effect.\n(sec.173W-ssec.4) If the chief executive imposes or amends any conditions on the approval, the notice must also be an information notice for the decision to impose the conditions.\n- (a) that the approval has been granted;\n- (b) the person to whom the approval is granted;\n- (c) if the approval is granted for a term—when the approval ends;\n- (d) a matter stated in another provision of this Act for the notice;\n- (e) any conditions imposed on the approval;\n- (f) if conditions are imposed on the approval—the reasons for the conditions.\n- (a) how the approval is amended;\n- (b) any new conditions imposed on the approval;\n- (c) any existing conditions amended for the approval;\n- (d) when the amendment takes effect.","sortOrder":435},{"sectionNumber":"sec.173X","sectionType":"section","heading":"Conditions of approval","content":"### sec.173X Conditions of approval\n\nIf the chief executive decides to grant or amend an approval, the chief executive may impose the conditions on the approval the chief executive considers necessary or desirable.\ns 173X ins 2014 No. 59 s 167\nsub 2017 No. 31 ss 23 – 24","sortOrder":436},{"sectionNumber":"sec.173Y","sectionType":"section","heading":"Refusal of application","content":"### sec.173Y Refusal of application\n\nIf the chief executive decides to refuse to grant the application, the chief executive must, within 10 business days of making the decision, give the applicant an information notice for the decision.\ns 173Y ins 2014 No. 59 s 167\nsub 2017 No. 31 ss 23 – 24","sortOrder":437},{"sectionNumber":"ch.8A-pt.3","sectionType":"part","heading":"Amendment, suspension or cancellation","content":"# Amendment, suspension or cancellation","sortOrder":438},{"sectionNumber":"sec.173Z","sectionType":"section","heading":"Amendment of approval","content":"### sec.173Z Amendment of approval\n\nThe chief executive may, on the chief executive’s own initiative, amend an approval.\ns 173Z ins 2014 No. 59 s 167\nsub 2017 No. 31 ss 23 – 24","sortOrder":439},{"sectionNumber":"sec.173ZA","sectionType":"section","heading":"Suspension or cancellation of approval","content":"### sec.173ZA Suspension or cancellation of approval\n\nThe chief executive may suspend or cancel an approval if the chief executive is satisfied—\na ground for suspending or cancelling the approval stated in another provision of this Act exists; or\nthe approval was granted because of a materially false or misleading representation or declaration; or\nthe approval was granted on the basis of particular matters or information that have changed and the change is likely to cause serious environmental harm, material environmental harm or environmental nuisance; or\na condition imposed on the approval has not been complied with; or\na request for information about the approval under section 173ZF has not been complied with; or\nit is necessary or desirable to do so having regard to the objects of the Act .\ns 173ZA ins 2014 No. 59 s 167\nsub 2017 No. 31 ss 23 – 24\n- (a) a ground for suspending or cancelling the approval stated in another provision of this Act exists; or\n- (b) the approval was granted because of a materially false or misleading representation or declaration; or\n- (c) the approval was granted on the basis of particular matters or information that have changed and the change is likely to cause serious environmental harm, material environmental harm or environmental nuisance; or\n- (d) a condition imposed on the approval has not been complied with; or\n- (e) a request for information about the approval under section 173ZF has not been complied with; or\n- (f) it is necessary or desirable to do so having regard to the objects of the Act .","sortOrder":440},{"sectionNumber":"sec.173ZB","sectionType":"section","heading":"Show cause notice","content":"### sec.173ZB Show cause notice\n\nThis section applies if the chief executive proposes to—\namend an approval (the proposed action ); or\nsuspend or cancel an approval (also the proposed action ).\nThe chief executive must give a notice (a show cause notice ) about the proposed action to the holder of the approval.\nThe show cause notice must state the following—\nthe proposed action;\nif the proposed action is an amendment—the proposed amendment;\nif the proposed action is suspension—the proposed period of the suspension;\nthe grounds for the proposed action;\nthe facts and circumstances that form the basis for the grounds;\nthat the holder may, within a stated period (the show cause period ), make a written submission to the chief executive about why the proposed action should not be taken.\nThe show cause period must end at least 28 days after the holder of the approval is given the show cause notice.\ns 173ZB ins 2014 No. 59 s 167\nsub 2017 No. 31 ss 23 – 24\n(sec.173ZB-ssec.1) This section applies if the chief executive proposes to— amend an approval (the proposed action ); or suspend or cancel an approval (also the proposed action ).\n(sec.173ZB-ssec.2) The chief executive must give a notice (a show cause notice ) about the proposed action to the holder of the approval.\n(sec.173ZB-ssec.3) The show cause notice must state the following— the proposed action; if the proposed action is an amendment—the proposed amendment; if the proposed action is suspension—the proposed period of the suspension; the grounds for the proposed action; the facts and circumstances that form the basis for the grounds; that the holder may, within a stated period (the show cause period ), make a written submission to the chief executive about why the proposed action should not be taken.\n(sec.173ZB-ssec.4) The show cause period must end at least 28 days after the holder of the approval is given the show cause notice.\n- (a) amend an approval (the proposed action ); or\n- (b) suspend or cancel an approval (also the proposed action ).\n- (a) the proposed action;\n- (b) if the proposed action is an amendment—the proposed amendment;\n- (c) if the proposed action is suspension—the proposed period of the suspension;\n- (d) the grounds for the proposed action;\n- (e) the facts and circumstances that form the basis for the grounds;\n- (f) that the holder may, within a stated period (the show cause period ), make a written submission to the chief executive about why the proposed action should not be taken.","sortOrder":441},{"sectionNumber":"sec.173ZC","sectionType":"section","heading":"Decision about proposed amendment, suspension or cancellation","content":"### sec.173ZC Decision about proposed amendment, suspension or cancellation\n\nWithin 20 business days after the end of the period for making submissions stated in the show cause notice, the chief executive must decide whether or not to take the proposed action.\nThe chief executive may decide—\nif the proposed action was to make a stated amendment—to make the stated amendment; or\nif the proposed action was to suspend the appointment for a stated period—to suspend the appointment for no longer than the stated period; or\nif the proposed action was to cancel the appointment—to suspend the appointment for a period or cancel the appointment.\nHowever, the chief executive may extend, on 1 occasion and by no more than 20 business days, the period for making a decision by giving a notice about the extension to the applicant before the end of the period.\nIn deciding whether or not to take the proposed action, the chief executive must consider the following—\nall submissions made by the holder of the approval during the show cause period;\nif the proposed action is an amendment—the effect of the proposed amendment;\nthe objects of this Act and how they are to be achieved, as stated in chapter 1 , part 2 ;\nthe waste and resource management hierarchy;\nanother matter prescribed by regulation.\nIf the chief executive decides to take the proposed action, the chief executive must, within 10 business days after making the decision, give the holder of the approval an information notice for the decision.\nThe decision to take the proposed action takes effect on the later of the following days—\nthe day the information notice is given to the holder of the approval;\na day stated in the information notice.\nIf the chief executive decides not to take the proposed action, the chief executive must give the holder of the approval a notice about the decision within 5 business days after making the decision.\ns 173ZC ins 2014 No. 59 s 167\nsub 2017 No. 31 ss 23 – 24\n(sec.173ZC-ssec.1) Within 20 business days after the end of the period for making submissions stated in the show cause notice, the chief executive must decide whether or not to take the proposed action.\n(sec.173ZC-ssec.2) The chief executive may decide— if the proposed action was to make a stated amendment—to make the stated amendment; or if the proposed action was to suspend the appointment for a stated period—to suspend the appointment for no longer than the stated period; or if the proposed action was to cancel the appointment—to suspend the appointment for a period or cancel the appointment.\n(sec.173ZC-ssec.3) However, the chief executive may extend, on 1 occasion and by no more than 20 business days, the period for making a decision by giving a notice about the extension to the applicant before the end of the period.\n(sec.173ZC-ssec.4) In deciding whether or not to take the proposed action, the chief executive must consider the following— all submissions made by the holder of the approval during the show cause period; if the proposed action is an amendment—the effect of the proposed amendment; the objects of this Act and how they are to be achieved, as stated in chapter 1 , part 2 ; the waste and resource management hierarchy; another matter prescribed by regulation.\n(sec.173ZC-ssec.5) If the chief executive decides to take the proposed action, the chief executive must, within 10 business days after making the decision, give the holder of the approval an information notice for the decision.\n(sec.173ZC-ssec.6) The decision to take the proposed action takes effect on the later of the following days— the day the information notice is given to the holder of the approval; a day stated in the information notice.\n(sec.173ZC-ssec.7) If the chief executive decides not to take the proposed action, the chief executive must give the holder of the approval a notice about the decision within 5 business days after making the decision.\n- (a) if the proposed action was to make a stated amendment—to make the stated amendment; or\n- (b) if the proposed action was to suspend the appointment for a stated period—to suspend the appointment for no longer than the stated period; or\n- (c) if the proposed action was to cancel the appointment—to suspend the appointment for a period or cancel the appointment.\n- (a) all submissions made by the holder of the approval during the show cause period;\n- (b) if the proposed action is an amendment—the effect of the proposed amendment;\n- (c) the objects of this Act and how they are to be achieved, as stated in chapter 1 , part 2 ;\n- (d) the waste and resource management hierarchy;\n- (e) another matter prescribed by regulation.\n- (a) the day the information notice is given to the holder of the approval;\n- (b) a day stated in the information notice.","sortOrder":442},{"sectionNumber":"sec.173ZD","sectionType":"section","heading":"Minor amendment of approval","content":"### sec.173ZD Minor amendment of approval\n\nThe chief executive may make a minor amendment of an approval by giving a notice about the amendment to the holder of the approval.\nThis section applies despite sections 173ZB and 173ZC .\nIn this section—\nminor amendment , of an approval, means an amendment of the approval—\nto correct a minor or formal error in the approval; or\nto make a change that is not a change of substance and does not adversely affect the interests of the holder of the approval or another person.\ns 173ZD ins 2017 No. 31 s 24\n(sec.173ZD-ssec.1) The chief executive may make a minor amendment of an approval by giving a notice about the amendment to the holder of the approval.\n(sec.173ZD-ssec.2) This section applies despite sections 173ZB and 173ZC .\n(sec.173ZD-ssec.3) In this section— minor amendment , of an approval, means an amendment of the approval— to correct a minor or formal error in the approval; or to make a change that is not a change of substance and does not adversely affect the interests of the holder of the approval or another person.\n- (a) to correct a minor or formal error in the approval; or\n- (b) to make a change that is not a change of substance and does not adversely affect the interests of the holder of the approval or another person.","sortOrder":443},{"sectionNumber":"ch.8A-pt.4","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":444},{"sectionNumber":"sec.173ZE","sectionType":"section","heading":"Surrender of approval","content":"### sec.173ZE Surrender of approval\n\nThe holder of an approval may surrender the approval by giving the chief executive a notice about the surrender.\ns 173ZE ins 2017 No. 31 s 24","sortOrder":445},{"sectionNumber":"sec.173ZF","sectionType":"section","heading":"Request for information about approval","content":"### sec.173ZF Request for information about approval\n\nThe chief executive may, by notice, require any of the following persons to give the chief executive information about an approval—\nthe holder of the approval;\nif the approval was transferred to another person in the 5 years before the notice was given—a previous holder of the approval;\nif the approval was cancelled, surrendered or otherwise ended in the 5 years before the notice was given—a person who was the holder of the approval.\nThe notice must state—\nthe information required; and\nwhy the information is required; and\nthe day by which the information is to be given to the chief executive.\ns 173ZF ins 2017 No. 31 s 24\n(sec.173ZF-ssec.1) The chief executive may, by notice, require any of the following persons to give the chief executive information about an approval— the holder of the approval; if the approval was transferred to another person in the 5 years before the notice was given—a previous holder of the approval; if the approval was cancelled, surrendered or otherwise ended in the 5 years before the notice was given—a person who was the holder of the approval.\n(sec.173ZF-ssec.2) The notice must state— the information required; and why the information is required; and the day by which the information is to be given to the chief executive.\n- (a) the holder of the approval;\n- (b) if the approval was transferred to another person in the 5 years before the notice was given—a previous holder of the approval;\n- (c) if the approval was cancelled, surrendered or otherwise ended in the 5 years before the notice was given—a person who was the holder of the approval.\n- (a) the information required; and\n- (b) why the information is required; and\n- (c) the day by which the information is to be given to the chief executive.","sortOrder":446},{"sectionNumber":"ch.9-pt.1","sectionType":"part","heading":"Internal reviews","content":"# Internal reviews","sortOrder":447},{"sectionNumber":"sec.174","sectionType":"section","heading":"Internal review process","content":"### sec.174 Internal review process\n\nEvery external review of a decision to which an information notice relates must be in the first instance by way of an application for internal review.","sortOrder":448},{"sectionNumber":"sec.175","sectionType":"section","heading":"Who may apply for internal review","content":"### sec.175 Who may apply for internal review\n\nA person who, under this Act, has been given, or who is entitled to be given, an information notice for a decision may apply for an internal review of the decision (an internal review application ).\ns 175 amd 2017 No. 31 s 25","sortOrder":449},{"sectionNumber":"sec.176","sectionType":"section","heading":"Requirements for making application","content":"### sec.176 Requirements for making application\n\nAn internal review application must be—\nmade to—\nfor a decision made by the Organisation under chapter 4 , part 3B —the Organisation; or\notherwise—the chief executive; and\nin the approved form; and\nsupported by enough information to enable the application to be decided; and\nmade within 14 days after the applicant is given the information notice for the decision the subject of the application.\nHowever, the chief executive or Organisation may, at any time, extend the time for making an internal review application.\ns 176 amd 2017 No. 31 s 26\n(sec.176-ssec.1) An internal review application must be— made to— for a decision made by the Organisation under chapter 4 , part 3B —the Organisation; or otherwise—the chief executive; and in the approved form; and supported by enough information to enable the application to be decided; and made within 14 days after the applicant is given the information notice for the decision the subject of the application.\n(sec.176-ssec.2) However, the chief executive or Organisation may, at any time, extend the time for making an internal review application.\n- (a) made to— (i) for a decision made by the Organisation under chapter 4 , part 3B —the Organisation; or (ii) otherwise—the chief executive; and\n- (i) for a decision made by the Organisation under chapter 4 , part 3B —the Organisation; or\n- (ii) otherwise—the chief executive; and\n- (b) in the approved form; and\n- (c) supported by enough information to enable the application to be decided; and\n- (d) made within 14 days after the applicant is given the information notice for the decision the subject of the application.\n- (i) for a decision made by the Organisation under chapter 4 , part 3B —the Organisation; or\n- (ii) otherwise—the chief executive; and","sortOrder":450},{"sectionNumber":"sec.177","sectionType":"section","heading":"Decision not stayed","content":"### sec.177 Decision not stayed\n\nAn internal review application does not stay the decision the subject of the application (the original decision ).\nHowever, the applicant may immediately apply for a stay of the original decision to the relevant entity.\nThe relevant entity may stay the original decision to secure the effectiveness of the internal review and a later external review by QCAT.\nThe stay—\nmay be given on conditions the relevant entity considers appropriate; and\noperates for the period fixed by the relevant entity; and\nmay be amended or revoked by the relevant entity.\nThe period of the stay must not extend past the time when the chief executive makes the internal review decision about the original decision and any later period the relevant entity allows to enable the applicant to apply to QCAT for a review of the internal review decision.\nAn internal review application affects the original decision, or carrying out of the decision, only if the decision is stayed.\nIn this section—\nrelevant entity means the chief executive, Organisation or QCAT.\ns 177 amd 2017 No. 31 s 27\n(sec.177-ssec.1) An internal review application does not stay the decision the subject of the application (the original decision ).\n(sec.177-ssec.2) However, the applicant may immediately apply for a stay of the original decision to the relevant entity.\n(sec.177-ssec.3) The relevant entity may stay the original decision to secure the effectiveness of the internal review and a later external review by QCAT.\n(sec.177-ssec.4) The stay— may be given on conditions the relevant entity considers appropriate; and operates for the period fixed by the relevant entity; and may be amended or revoked by the relevant entity.\n(sec.177-ssec.5) The period of the stay must not extend past the time when the chief executive makes the internal review decision about the original decision and any later period the relevant entity allows to enable the applicant to apply to QCAT for a review of the internal review decision.\n(sec.177-ssec.6) An internal review application affects the original decision, or carrying out of the decision, only if the decision is stayed.\n(sec.177-ssec.7) In this section— relevant entity means the chief executive, Organisation or QCAT.\n- (a) may be given on conditions the relevant entity considers appropriate; and\n- (b) operates for the period fixed by the relevant entity; and\n- (c) may be amended or revoked by the relevant entity.","sortOrder":451},{"sectionNumber":"sec.178","sectionType":"section","heading":"Internal review","content":"### sec.178 Internal review\n\nThe chief executive or Organisation must, within 20 days after receiving an internal review application made under section 176 —\nconduct an internal review of the decision the subject of the application (the original decision ); and\nmake a decision (the internal review decision ) to—\nconfirm the original decision; or\namend the original decision; or\nsubstitute another decision for the original decision.\nThe application must not be dealt with by—\nthe person who made the original decision; or\na person in a less senior office than the person who made the original decision.\nSubsection (2) —\napplies despite the Acts Interpretation Act 1954 , section 27A ; and\ndoes not apply to an original decision made—\npersonally by the chief executive; or\nby the board of directors of the Organisation.\nIf the internal review decision confirms the original decision, for the purpose of an external review, the original decision is taken to be the internal review decision.\nIf the internal review decision amends the original decision, for the purpose of an external review, the original decision as amended is taken to be the internal review decision.\ns 178 amd 2017 No. 31 s 28\n(sec.178-ssec.1) The chief executive or Organisation must, within 20 days after receiving an internal review application made under section 176 — conduct an internal review of the decision the subject of the application (the original decision ); and make a decision (the internal review decision ) to— confirm the original decision; or amend the original decision; or substitute another decision for the original decision.\n(sec.178-ssec.2) The application must not be dealt with by— the person who made the original decision; or a person in a less senior office than the person who made the original decision.\n(sec.178-ssec.3) Subsection (2) — applies despite the Acts Interpretation Act 1954 , section 27A ; and does not apply to an original decision made— personally by the chief executive; or by the board of directors of the Organisation.\n(sec.178-ssec.4) If the internal review decision confirms the original decision, for the purpose of an external review, the original decision is taken to be the internal review decision.\n(sec.178-ssec.5) If the internal review decision amends the original decision, for the purpose of an external review, the original decision as amended is taken to be the internal review decision.\n- (a) conduct an internal review of the decision the subject of the application (the original decision ); and\n- (b) make a decision (the internal review decision ) to— (i) confirm the original decision; or (ii) amend the original decision; or (iii) substitute another decision for the original decision.\n- (i) confirm the original decision; or\n- (ii) amend the original decision; or\n- (iii) substitute another decision for the original decision.\n- (i) confirm the original decision; or\n- (ii) amend the original decision; or\n- (iii) substitute another decision for the original decision.\n- (a) the person who made the original decision; or\n- (b) a person in a less senior office than the person who made the original decision.\n- (a) applies despite the Acts Interpretation Act 1954 , section 27A ; and\n- (b) does not apply to an original decision made— (i) personally by the chief executive; or (ii) by the board of directors of the Organisation.\n- (i) personally by the chief executive; or\n- (ii) by the board of directors of the Organisation.\n- (i) personally by the chief executive; or\n- (ii) by the board of directors of the Organisation.","sortOrder":452},{"sectionNumber":"sec.179","sectionType":"section","heading":"Notice of internal review decision","content":"### sec.179 Notice of internal review decision\n\nThe chief executive or Organisation must, within 10 days after making an internal review decision, give the applicant notice of the decision.\nIf the internal review decision is not the decision sought by the applicant, the notice must be accompanied by a QCAT information notice for the decision.\nIf the chief executive or Organisation does not give the notice within the 10 days, the chief executive or Organisation is taken to have made an internal review decision confirming the original decision.\nIn this section—\nQCAT information notice means a notice complying with the QCAT Act , section 157 (2) .\ns 179 amd 2017 No. 31 s 29\n(sec.179-ssec.1) The chief executive or Organisation must, within 10 days after making an internal review decision, give the applicant notice of the decision.\n(sec.179-ssec.2) If the internal review decision is not the decision sought by the applicant, the notice must be accompanied by a QCAT information notice for the decision.\n(sec.179-ssec.3) If the chief executive or Organisation does not give the notice within the 10 days, the chief executive or Organisation is taken to have made an internal review decision confirming the original decision.\n(sec.179-ssec.4) In this section— QCAT information notice means a notice complying with the QCAT Act , section 157 (2) .","sortOrder":453},{"sectionNumber":"ch.9-pt.2","sectionType":"part","heading":"External reviews by QCAT","content":"# External reviews by QCAT","sortOrder":454},{"sectionNumber":"sec.180","sectionType":"section","heading":"Who may apply for external review","content":"### sec.180 Who may apply for external review\n\nA person given, or entitled to be given, a QCAT information notice under section 179 for an internal review decision may apply, as provided under the QCAT Act , to QCAT for an external review of the decision.","sortOrder":455},{"sectionNumber":"ch.10-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":456},{"sectionNumber":"sec.181","sectionType":"section","heading":"Definitions for ch 10","content":"### sec.181 Definitions for ch 10\n\nIn this chapter—\ndisposal order see section 231 (2) .\ndocument certification requirement see section 234 (6) .\ndocument production requirement see section 234 (2) .\nelectronic document means a document of a type under the Acts Interpretation Act 1954 , schedule 1 , definition document , paragraph (c) .\ns 181 def electronic document amd 2013 No. 39 s 110 (1) sch 3 pt 1\nforfeiture order see section 227 (1) .\nformer owner see section 226 (1) .\ngeneral power see section 211 (1) .\nhelp requirement see section 212 (1) .\nidentity card , for a provision about authorised persons, means an identity card issued under section 187 .\ninformation requirement see section 237 (3) .\noffence warning , for a direction or requirement of an authorised person, means a warning that, without reasonable excuse, it is an offence for the person to whom the direction or requirement is made not to comply with it.\nowner , for a thing that has been seized under this chapter, includes a person who would be entitled to possession of the thing had it not been seized.\npersonal details requirement see section 232 (5) .\nperson in control —\nof a vehicle, includes—\nthe vehicle’s driver or rider; and\nanyone who reasonably appears to be, claims to be, or acts as if he or she is, the vehicle’s driver or rider or the person in control of the vehicle; or\nof another thing, includes anyone who reasonably appears to be, claims to be, or acts as if he or she is, the person in possession or control of the thing.\n- (a) of a vehicle, includes— (i) the vehicle’s driver or rider; and (ii) anyone who reasonably appears to be, claims to be, or acts as if he or she is, the vehicle’s driver or rider or the person in control of the vehicle; or\n- (i) the vehicle’s driver or rider; and\n- (ii) anyone who reasonably appears to be, claims to be, or acts as if he or she is, the vehicle’s driver or rider or the person in control of the vehicle; or\n- (b) of another thing, includes anyone who reasonably appears to be, claims to be, or acts as if he or she is, the person in possession or control of the thing.\n- (i) the vehicle’s driver or rider; and\n- (ii) anyone who reasonably appears to be, claims to be, or acts as if he or she is, the vehicle’s driver or rider or the person in control of the vehicle; or","sortOrder":457},{"sectionNumber":"ch.10-pt.2","sectionType":"part","heading":"General matters about authorised persons","content":"# General matters about authorised persons","sortOrder":458},{"sectionNumber":"ch.10-pt.2-div.1","sectionType":"division","heading":"Functions","content":"## Functions","sortOrder":459},{"sectionNumber":"sec.182","sectionType":"section","heading":"Functions of authorised persons","content":"### sec.182 Functions of authorised persons\n\nAn authorised person has the following functions—\nto investigate, monitor and enforce compliance with this Act;\nto investigate or monitor whether an occasion has arisen for the exercise of powers under this Act;\nto facilitate the exercise of powers under this Act.\n- (a) to investigate, monitor and enforce compliance with this Act;\n- (b) to investigate or monitor whether an occasion has arisen for the exercise of powers under this Act;\n- (c) to facilitate the exercise of powers under this Act.","sortOrder":460},{"sectionNumber":"ch.10-pt.2-div.2","sectionType":"division","heading":"Appointment","content":"## Appointment","sortOrder":461},{"sectionNumber":"sec.183","sectionType":"section","heading":"Appointment and qualifications","content":"### sec.183 Appointment and qualifications\n\nThe chief executive may, by instrument in writing, appoint any of the following persons as an authorised person—\na public service officer;\nan employee of the department;\na person prescribed under a regulation.\nHowever, the chief executive may appoint a person as an authorised person only if the chief executive is satisfied the person is qualified for appointment because the person has the necessary expertise or experience.\n(sec.183-ssec.1) The chief executive may, by instrument in writing, appoint any of the following persons as an authorised person— a public service officer; an employee of the department; a person prescribed under a regulation.\n(sec.183-ssec.2) However, the chief executive may appoint a person as an authorised person only if the chief executive is satisfied the person is qualified for appointment because the person has the necessary expertise or experience.\n- (a) a public service officer;\n- (b) an employee of the department;\n- (c) a person prescribed under a regulation.","sortOrder":462},{"sectionNumber":"sec.184","sectionType":"section","heading":"Appointment conditions and limit on powers","content":"### sec.184 Appointment conditions and limit on powers\n\nAn authorised person holds office on any conditions stated in—\nthe authorised person’s instrument of appointment; or\na signed notice given to the authorised person; or\na regulation.\nThe instrument of appointment, a signed notice given to the authorised person or a regulation may limit the authorised person’s powers.\nIn this section—\nsigned notice means a notice signed by the chief executive.\n(sec.184-ssec.1) An authorised person holds office on any conditions stated in— the authorised person’s instrument of appointment; or a signed notice given to the authorised person; or a regulation.\n(sec.184-ssec.2) The instrument of appointment, a signed notice given to the authorised person or a regulation may limit the authorised person’s powers.\n(sec.184-ssec.3) In this section— signed notice means a notice signed by the chief executive.\n- (a) the authorised person’s instrument of appointment; or\n- (b) a signed notice given to the authorised person; or\n- (c) a regulation.","sortOrder":463},{"sectionNumber":"sec.185","sectionType":"section","heading":"When office ends","content":"### sec.185 When office ends\n\nThe office of a person as an authorised person ends if any of the following happens—\nthe term of office stated in a condition of office ends;\nunder another condition of office, the office ends;\nthe authorised person’s resignation under section 186 takes effect.\nSubsection (1) does not limit the ways the office of a person as an authorised person ends.\nIn this section—\ncondition of office means a condition under which the authorised person holds office.\n(sec.185-ssec.1) The office of a person as an authorised person ends if any of the following happens— the term of office stated in a condition of office ends; under another condition of office, the office ends; the authorised person’s resignation under section 186 takes effect.\n(sec.185-ssec.2) Subsection (1) does not limit the ways the office of a person as an authorised person ends.\n(sec.185-ssec.3) In this section— condition of office means a condition under which the authorised person holds office.\n- (a) the term of office stated in a condition of office ends;\n- (b) under another condition of office, the office ends;\n- (c) the authorised person’s resignation under section 186 takes effect.","sortOrder":464},{"sectionNumber":"sec.186","sectionType":"section","heading":"Resignation","content":"### sec.186 Resignation\n\nAn authorised person may resign by signed notice given to the chief executive.\nHowever, if holding office as an authorised person is a condition of the authorised person holding another office, the authorised person may not resign as an authorised person without resigning from the other office.\n(sec.186-ssec.1) An authorised person may resign by signed notice given to the chief executive.\n(sec.186-ssec.2) However, if holding office as an authorised person is a condition of the authorised person holding another office, the authorised person may not resign as an authorised person without resigning from the other office.","sortOrder":465},{"sectionNumber":"ch.10-pt.2-div.3","sectionType":"division","heading":"Identity cards","content":"## Identity cards","sortOrder":466},{"sectionNumber":"sec.187","sectionType":"section","heading":"Issue of identity card","content":"### sec.187 Issue of identity card\n\nThe chief executive must issue an identity card to each authorised person.\nThe identity card must—\ncontain a recent photo of the authorised person; and\ncontain a copy of the authorised person’s signature; and\nidentify the person as an authorised person under this Act; and\nstate an expiry date for the card.\nThis section does not prevent the issue of a single identity card to a person for this Act and other purposes.\n(sec.187-ssec.1) The chief executive must issue an identity card to each authorised person.\n(sec.187-ssec.2) The identity card must— contain a recent photo of the authorised person; and contain a copy of the authorised person’s signature; and identify the person as an authorised person under this Act; and state an expiry date for the card.\n(sec.187-ssec.3) This section does not prevent the issue of a single identity card to a person for this Act and other purposes.\n- (a) contain a recent photo of the authorised person; and\n- (b) contain a copy of the authorised person’s signature; and\n- (c) identify the person as an authorised person under this Act; and\n- (d) state an expiry date for the card.","sortOrder":467},{"sectionNumber":"sec.188","sectionType":"section","heading":"Production or display of identity card","content":"### sec.188 Production or display of identity card\n\nIn exercising a power in relation to a person in the person’s presence, an authorised person must—\nproduce the authorised person’s identity card for the person’s inspection before exercising the power; or\nhave the identity card displayed so it is clearly visible to the person when exercising the power.\nHowever, if it is not practicable to comply with subsection (1) , the authorised person must produce the identity card for the person’s inspection at the first reasonable opportunity.\nFor subsection (1) , an authorised person does not exercise a power in relation to a person only because the authorised person has entered a place as mentioned in section 192 (1) (a) (iii) , (iv) or (v) .\n(sec.188-ssec.1) In exercising a power in relation to a person in the person’s presence, an authorised person must— produce the authorised person’s identity card for the person’s inspection before exercising the power; or have the identity card displayed so it is clearly visible to the person when exercising the power.\n(sec.188-ssec.2) However, if it is not practicable to comply with subsection (1) , the authorised person must produce the identity card for the person’s inspection at the first reasonable opportunity.\n(sec.188-ssec.3) For subsection (1) , an authorised person does not exercise a power in relation to a person only because the authorised person has entered a place as mentioned in section 192 (1) (a) (iii) , (iv) or (v) .\n- (a) produce the authorised person’s identity card for the person’s inspection before exercising the power; or\n- (b) have the identity card displayed so it is clearly visible to the person when exercising the power.","sortOrder":468},{"sectionNumber":"sec.189","sectionType":"section","heading":"Return of identity card","content":"### sec.189 Return of identity card\n\nIf the office of a person as an authorised person ends, the person must return the person’s identity card to the chief executive within 21 days after the office ends unless the person has a reasonable excuse.\nMaximum penalty—50 penalty units.","sortOrder":469},{"sectionNumber":"ch.10-pt.2-div.4","sectionType":"division","heading":"Miscellaneous provisions","content":"## Miscellaneous provisions","sortOrder":470},{"sectionNumber":"sec.190","sectionType":"section","heading":"References to exercise of powers","content":"### sec.190 References to exercise of powers\n\nIf—\na provision of this chapter refers to the exercise of a power by an authorised person; and\nthere is no reference to a specific power;\nthe reference is to the exercise of all or any authorised persons’ powers under this chapter or a warrant, to the extent the powers are relevant.\n- (a) a provision of this chapter refers to the exercise of a power by an authorised person; and\n- (b) there is no reference to a specific power;","sortOrder":471},{"sectionNumber":"sec.191","sectionType":"section","heading":"Reference to document includes reference to reproductions from electronic document","content":"### sec.191 Reference to document includes reference to reproductions from electronic document\n\nA reference in this chapter to a document includes a reference to an image or writing—\nproduced from an electronic document; or\nnot yet produced, but reasonably capable of being produced, from an electronic document, with or without the aid of another article or device.\n- (a) produced from an electronic document; or\n- (b) not yet produced, but reasonably capable of being produced, from an electronic document, with or without the aid of another article or device.","sortOrder":472},{"sectionNumber":"ch.10-pt.3","sectionType":"part","heading":"Entry of places by authorised persons","content":"# Entry of places by authorised persons","sortOrder":473},{"sectionNumber":"ch.10-pt.3-div.1","sectionType":"division","heading":"Power to enter","content":"## Power to enter","sortOrder":474},{"sectionNumber":"sec.192","sectionType":"section","heading":"General power to enter places","content":"### sec.192 General power to enter places\n\nAn authorised person may enter a place—\nif—\nan occupier of the place consents under division 2 to the entry and section 195 has been complied with for the occupier; or\nthe entry is authorised under a warrant and, if there is an occupier of the place, division 3 , subdivision 2 has been complied with for the occupier; or\nit is a public place and the entry is made when it is open to the public; or\nit is a place of business that is open for carrying on the business; or\nit is vacant land in relation to which the authorised person reasonably suspects an offence against section 103 (1) or 104 (1) has been or is being committed; or\nif it is a waste facility and entry is made during the daytime; or\nunder section 204 .\nSubsection (1) (a) (iv) is not limited by subsection (1) (b) .\nSubsection (1) (a) (iv) or (b) does not authorise entry to any part of the place where a person resides.\nIf the power to enter arose only because an occupier of the place consented to the entry, the power is subject to any conditions of the consent and ceases if the consent is withdrawn.\nIf the power to enter is under a warrant, the power is subject to the terms of the warrant.\nIf the power to enter arose only because an occupier of the place consented to the entry, the consent may provide consent for re-entry and is subject to the conditions of consent.\nIf the power to enter is under a warrant, the re-entry is subject to the terms of the warrant.\nIn this section—\nvacant land means land on which there are no structural improvements other than fencing.\n(sec.192-ssec.1) An authorised person may enter a place— if— an occupier of the place consents under division 2 to the entry and section 195 has been complied with for the occupier; or the entry is authorised under a warrant and, if there is an occupier of the place, division 3 , subdivision 2 has been complied with for the occupier; or it is a public place and the entry is made when it is open to the public; or it is a place of business that is open for carrying on the business; or it is vacant land in relation to which the authorised person reasonably suspects an offence against section 103 (1) or 104 (1) has been or is being committed; or if it is a waste facility and entry is made during the daytime; or under section 204 .\n(sec.192-ssec.2) Subsection (1) (a) (iv) is not limited by subsection (1) (b) .\n(sec.192-ssec.3) Subsection (1) (a) (iv) or (b) does not authorise entry to any part of the place where a person resides.\n(sec.192-ssec.4) If the power to enter arose only because an occupier of the place consented to the entry, the power is subject to any conditions of the consent and ceases if the consent is withdrawn.\n(sec.192-ssec.5) If the power to enter is under a warrant, the power is subject to the terms of the warrant.\n(sec.192-ssec.6) If the power to enter arose only because an occupier of the place consented to the entry, the consent may provide consent for re-entry and is subject to the conditions of consent.\n(sec.192-ssec.7) If the power to enter is under a warrant, the re-entry is subject to the terms of the warrant.\n(sec.192-ssec.8) In this section— vacant land means land on which there are no structural improvements other than fencing.\n- (a) if— (i) an occupier of the place consents under division 2 to the entry and section 195 has been complied with for the occupier; or (ii) the entry is authorised under a warrant and, if there is an occupier of the place, division 3 , subdivision 2 has been complied with for the occupier; or (iii) it is a public place and the entry is made when it is open to the public; or (iv) it is a place of business that is open for carrying on the business; or (v) it is vacant land in relation to which the authorised person reasonably suspects an offence against section 103 (1) or 104 (1) has been or is being committed; or\n- (i) an occupier of the place consents under division 2 to the entry and section 195 has been complied with for the occupier; or\n- (ii) the entry is authorised under a warrant and, if there is an occupier of the place, division 3 , subdivision 2 has been complied with for the occupier; or\n- (iii) it is a public place and the entry is made when it is open to the public; or\n- (iv) it is a place of business that is open for carrying on the business; or\n- (v) it is vacant land in relation to which the authorised person reasonably suspects an offence against section 103 (1) or 104 (1) has been or is being committed; or\n- (b) if it is a waste facility and entry is made during the daytime; or\n- (c) under section 204 .\n- (i) an occupier of the place consents under division 2 to the entry and section 195 has been complied with for the occupier; or\n- (ii) the entry is authorised under a warrant and, if there is an occupier of the place, division 3 , subdivision 2 has been complied with for the occupier; or\n- (iii) it is a public place and the entry is made when it is open to the public; or\n- (iv) it is a place of business that is open for carrying on the business; or\n- (v) it is vacant land in relation to which the authorised person reasonably suspects an offence against section 103 (1) or 104 (1) has been or is being committed; or","sortOrder":475},{"sectionNumber":"ch.10-pt.3-div.2","sectionType":"division","heading":"Entry by consent","content":"## Entry by consent","sortOrder":476},{"sectionNumber":"sec.193","sectionType":"section","heading":"Application of div 2","content":"### sec.193 Application of div 2\n\nThis division applies if an authorised person intends to ask an occupier of a place for consent to the authorised person or another authorised person entering the place under section 192 (1) (a) (i) .","sortOrder":477},{"sectionNumber":"sec.194","sectionType":"section","heading":"Incidental entry to ask for access","content":"### sec.194 Incidental entry to ask for access\n\nFor the purpose of asking the occupier for the consent, the authorised person may, without the occupier’s consent or a warrant—\nenter land around premises at the place to an extent that is reasonable to contact the occupier; or\nenter part of the place the authorised person reasonably considers members of the public ordinarily are allowed to enter when they wish to contact an occupier of the place.\n- (a) enter land around premises at the place to an extent that is reasonable to contact the occupier; or\n- (b) enter part of the place the authorised person reasonably considers members of the public ordinarily are allowed to enter when they wish to contact an occupier of the place.","sortOrder":478},{"sectionNumber":"sec.195","sectionType":"section","heading":"Matters authorised person must tell occupier","content":"### sec.195 Matters authorised person must tell occupier\n\nBefore asking for the consent, the authorised person must give a reasonable explanation to the occupier—\nabout the purpose of the entry, including the powers intended to be exercised; and\nthat the occupier is not required to consent; and\nthat the consent may be given subject to conditions and may be withdrawn at any time.\n- (a) about the purpose of the entry, including the powers intended to be exercised; and\n- (b) that the occupier is not required to consent; and\n- (c) that the consent may be given subject to conditions and may be withdrawn at any time.","sortOrder":479},{"sectionNumber":"sec.196","sectionType":"section","heading":"Consent acknowledgement","content":"### sec.196 Consent acknowledgement\n\nIf the consent is given, the authorised person may ask the occupier to sign an acknowledgement of the consent.\nThe acknowledgement must state—\nthe purpose of the entry, including the powers intended to be exercised; and\nthe following has been explained to the occupier—\nthe purpose of the entry, including the powers intended to be exercised;\nthat the occupier is not required to consent;\nthat the consent may be given subject to conditions and may be withdrawn at any time; and\nthe occupier gives the authorised person or another authorised person consent to enter the place and exercise the powers; and\nthe time and day the consent was given; and\nany conditions of the consent.\nIf the occupier signs the acknowledgement, the authorised person must immediately give a copy to the occupier.\nHowever, if it is impractical for the authorised person to give the occupier a copy of the acknowledgement immediately, the authorised person must give the copy as soon as practicable.\nIf—\nan issue arises in a proceeding about whether the occupier consented to the entry; and\nan acknowledgement complying with subsection (2) for the entry is not produced in evidence;\nthe onus of proof is on the person relying on the lawfulness of the entry to prove the occupier consented.\n(sec.196-ssec.1) If the consent is given, the authorised person may ask the occupier to sign an acknowledgement of the consent.\n(sec.196-ssec.2) The acknowledgement must state— the purpose of the entry, including the powers intended to be exercised; and the following has been explained to the occupier— the purpose of the entry, including the powers intended to be exercised; that the occupier is not required to consent; that the consent may be given subject to conditions and may be withdrawn at any time; and the occupier gives the authorised person or another authorised person consent to enter the place and exercise the powers; and the time and day the consent was given; and any conditions of the consent.\n(sec.196-ssec.3) If the occupier signs the acknowledgement, the authorised person must immediately give a copy to the occupier.\n(sec.196-ssec.4) However, if it is impractical for the authorised person to give the occupier a copy of the acknowledgement immediately, the authorised person must give the copy as soon as practicable.\n(sec.196-ssec.5) If— an issue arises in a proceeding about whether the occupier consented to the entry; and an acknowledgement complying with subsection (2) for the entry is not produced in evidence; the onus of proof is on the person relying on the lawfulness of the entry to prove the occupier consented.\n- (a) the purpose of the entry, including the powers intended to be exercised; and\n- (b) the following has been explained to the occupier— (i) the purpose of the entry, including the powers intended to be exercised; (ii) that the occupier is not required to consent; (iii) that the consent may be given subject to conditions and may be withdrawn at any time; and\n- (i) the purpose of the entry, including the powers intended to be exercised;\n- (ii) that the occupier is not required to consent;\n- (iii) that the consent may be given subject to conditions and may be withdrawn at any time; and\n- (c) the occupier gives the authorised person or another authorised person consent to enter the place and exercise the powers; and\n- (d) the time and day the consent was given; and\n- (e) any conditions of the consent.\n- (i) the purpose of the entry, including the powers intended to be exercised;\n- (ii) that the occupier is not required to consent;\n- (iii) that the consent may be given subject to conditions and may be withdrawn at any time; and\n- (a) an issue arises in a proceeding about whether the occupier consented to the entry; and\n- (b) an acknowledgement complying with subsection (2) for the entry is not produced in evidence;","sortOrder":480},{"sectionNumber":"ch.10-pt.3-div.3","sectionType":"division","heading":"Entry under warrant","content":"## Entry under warrant","sortOrder":481},{"sectionNumber":"sec.197","sectionType":"section","heading":"Application for warrant","content":"### sec.197 Application for warrant\n\nAn authorised person may apply to a magistrate for a warrant for a place.\nThe authorised person must prepare a written application that states the grounds on which the warrant is sought.\nThe written application must be sworn.\nThe magistrate may refuse to consider the application until the authorised person gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires.\nThe magistrate may require additional information supporting the written application to be given by statutory declaration.\n(sec.197-ssec.1) An authorised person may apply to a magistrate for a warrant for a place.\n(sec.197-ssec.2) The authorised person must prepare a written application that states the grounds on which the warrant is sought.\n(sec.197-ssec.3) The written application must be sworn.\n(sec.197-ssec.4) The magistrate may refuse to consider the application until the authorised person gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires. The magistrate may require additional information supporting the written application to be given by statutory declaration.","sortOrder":482},{"sectionNumber":"sec.198","sectionType":"section","heading":"Issue of warrant","content":"### sec.198 Issue of warrant\n\nThe magistrate may issue a warrant for the place if the magistrate is satisfied there are reasonable grounds for suspecting that there is at the place, or will be at the place within the next 7 days, a particular thing or activity that may provide evidence of an offence against this Act.\nThe warrant must state—\nthe place to which the warrant applies; and\nthat a stated authorised person or any authorised person may with necessary and reasonable help and force—\nenter the place and any other place necessary for entry to the place; and\nexercise the authorised person’s powers; and\nparticulars of the offence that the magistrate considers appropriate; and\nthe name of the person suspected of having committed the offence unless the name is unknown or the magistrate considers it inappropriate to state the name; and\nthe evidence that may be seized under the warrant; and\nthe hours of the day or night when the place may be entered; and\nthe magistrate’s name; and\nthe day and time of the warrant’s issue; and\nthe day, within 14 days after the warrant’s issue, the warrant ends.\n(sec.198-ssec.1) The magistrate may issue a warrant for the place if the magistrate is satisfied there are reasonable grounds for suspecting that there is at the place, or will be at the place within the next 7 days, a particular thing or activity that may provide evidence of an offence against this Act.\n(sec.198-ssec.2) The warrant must state— the place to which the warrant applies; and that a stated authorised person or any authorised person may with necessary and reasonable help and force— enter the place and any other place necessary for entry to the place; and exercise the authorised person’s powers; and particulars of the offence that the magistrate considers appropriate; and the name of the person suspected of having committed the offence unless the name is unknown or the magistrate considers it inappropriate to state the name; and the evidence that may be seized under the warrant; and the hours of the day or night when the place may be entered; and the magistrate’s name; and the day and time of the warrant’s issue; and the day, within 14 days after the warrant’s issue, the warrant ends.\n- (a) the place to which the warrant applies; and\n- (b) that a stated authorised person or any authorised person may with necessary and reasonable help and force— (i) enter the place and any other place necessary for entry to the place; and (ii) exercise the authorised person’s powers; and\n- (i) enter the place and any other place necessary for entry to the place; and\n- (ii) exercise the authorised person’s powers; and\n- (c) particulars of the offence that the magistrate considers appropriate; and\n- (d) the name of the person suspected of having committed the offence unless the name is unknown or the magistrate considers it inappropriate to state the name; and\n- (e) the evidence that may be seized under the warrant; and\n- (f) the hours of the day or night when the place may be entered; and\n- (g) the magistrate’s name; and\n- (h) the day and time of the warrant’s issue; and\n- (i) the day, within 14 days after the warrant’s issue, the warrant ends.\n- (i) enter the place and any other place necessary for entry to the place; and\n- (ii) exercise the authorised person’s powers; and","sortOrder":483},{"sectionNumber":"sec.199","sectionType":"section","heading":"Electronic application","content":"### sec.199 Electronic application\n\nAn application under section 197 may be made by phone, fax, email, radio, videoconferencing or another form of electronic communication if the authorised person reasonably considers it necessary because of—\nurgent circumstances; or\nother special circumstances, including, for example, the authorised person’s remote location.\nThe application—\nmay not be made before the authorised person prepares the written application under section 197 (2) ; but\nmay be made before the written application is sworn.\n(sec.199-ssec.1) An application under section 197 may be made by phone, fax, email, radio, videoconferencing or another form of electronic communication if the authorised person reasonably considers it necessary because of— urgent circumstances; or other special circumstances, including, for example, the authorised person’s remote location.\n(sec.199-ssec.2) The application— may not be made before the authorised person prepares the written application under section 197 (2) ; but may be made before the written application is sworn.\n- (a) urgent circumstances; or\n- (b) other special circumstances, including, for example, the authorised person’s remote location.\n- (a) may not be made before the authorised person prepares the written application under section 197 (2) ; but\n- (b) may be made before the written application is sworn.","sortOrder":484},{"sectionNumber":"sec.200","sectionType":"section","heading":"Additional procedure if electronic application","content":"### sec.200 Additional procedure if electronic application\n\nFor an application made under section 199 , the magistrate may issue the warrant (the original warrant ) only if the magistrate is satisfied—\nit was necessary to make the application under section 199 ; and\nthe way the application was made under section 199 was appropriate.\nAfter the magistrate issues the original warrant—\nif there is a reasonably practicable way of immediately giving a copy of the warrant to the authorised person, including, for example, by sending a copy by fax or email, the magistrate must immediately give a copy of the warrant to the authorised person; or\notherwise—\nthe magistrate must tell the authorised person the information mentioned in section 198 (2) ; and\nthe authorised person must complete a form of warrant, including by writing on it the information mentioned in section 198 (2) provided by the magistrate.\nThe copy of the warrant mentioned in subsection (2) (a) , or the form of warrant completed under subsection (2) (b) (in either case the duplicate warrant ), is a duplicate of, and as effectual as, the original warrant.\nThe authorised person must, at the first reasonable opportunity, send to the magistrate—\nthe written application complying with section 197 (2) and (3) ; and\nif the authorised person completed a form of warrant under subsection (2) (b) —the completed form of warrant.\nThe magistrate must keep the original warrant and, on receiving the documents under subsection (4) —\nattach the documents to the original warrant; and\ngive the original warrant and documents to the clerk of the court of the relevant magistrates court.\nDespite subsection (3) , if—\nan issue arises in a proceeding about whether an exercise of a power was authorised by a warrant issued under this section; and\nthe original warrant is not produced in evidence;\nthe onus of proof is on the person relying on the lawfulness of the exercise of the power to prove a warrant authorised the exercise of the power.\nThis section does not limit section 197 .\nIn this section—\nrelevant magistrates court , in relation to a magistrate, means the Magistrates Court that the magistrate constitutes under the Magistrates Act 1991 .\n(sec.200-ssec.1) For an application made under section 199 , the magistrate may issue the warrant (the original warrant ) only if the magistrate is satisfied— it was necessary to make the application under section 199 ; and the way the application was made under section 199 was appropriate.\n(sec.200-ssec.2) After the magistrate issues the original warrant— if there is a reasonably practicable way of immediately giving a copy of the warrant to the authorised person, including, for example, by sending a copy by fax or email, the magistrate must immediately give a copy of the warrant to the authorised person; or otherwise— the magistrate must tell the authorised person the information mentioned in section 198 (2) ; and the authorised person must complete a form of warrant, including by writing on it the information mentioned in section 198 (2) provided by the magistrate.\n(sec.200-ssec.3) The copy of the warrant mentioned in subsection (2) (a) , or the form of warrant completed under subsection (2) (b) (in either case the duplicate warrant ), is a duplicate of, and as effectual as, the original warrant.\n(sec.200-ssec.4) The authorised person must, at the first reasonable opportunity, send to the magistrate— the written application complying with section 197 (2) and (3) ; and if the authorised person completed a form of warrant under subsection (2) (b) —the completed form of warrant.\n(sec.200-ssec.5) The magistrate must keep the original warrant and, on receiving the documents under subsection (4) — attach the documents to the original warrant; and give the original warrant and documents to the clerk of the court of the relevant magistrates court.\n(sec.200-ssec.6) Despite subsection (3) , if— an issue arises in a proceeding about whether an exercise of a power was authorised by a warrant issued under this section; and the original warrant is not produced in evidence; the onus of proof is on the person relying on the lawfulness of the exercise of the power to prove a warrant authorised the exercise of the power.\n(sec.200-ssec.7) This section does not limit section 197 .\n(sec.200-ssec.8) In this section— relevant magistrates court , in relation to a magistrate, means the Magistrates Court that the magistrate constitutes under the Magistrates Act 1991 .\n- (a) it was necessary to make the application under section 199 ; and\n- (b) the way the application was made under section 199 was appropriate.\n- (a) if there is a reasonably practicable way of immediately giving a copy of the warrant to the authorised person, including, for example, by sending a copy by fax or email, the magistrate must immediately give a copy of the warrant to the authorised person; or\n- (b) otherwise— (i) the magistrate must tell the authorised person the information mentioned in section 198 (2) ; and (ii) the authorised person must complete a form of warrant, including by writing on it the information mentioned in section 198 (2) provided by the magistrate.\n- (i) the magistrate must tell the authorised person the information mentioned in section 198 (2) ; and\n- (ii) the authorised person must complete a form of warrant, including by writing on it the information mentioned in section 198 (2) provided by the magistrate.\n- (i) the magistrate must tell the authorised person the information mentioned in section 198 (2) ; and\n- (ii) the authorised person must complete a form of warrant, including by writing on it the information mentioned in section 198 (2) provided by the magistrate.\n- (a) the written application complying with section 197 (2) and (3) ; and\n- (b) if the authorised person completed a form of warrant under subsection (2) (b) —the completed form of warrant.\n- (a) attach the documents to the original warrant; and\n- (b) give the original warrant and documents to the clerk of the court of the relevant magistrates court.\n- (a) an issue arises in a proceeding about whether an exercise of a power was authorised by a warrant issued under this section; and\n- (b) the original warrant is not produced in evidence;","sortOrder":485},{"sectionNumber":"sec.201","sectionType":"section","heading":"Defect in relation to a warrant","content":"### sec.201 Defect in relation to a warrant\n\nA warrant is not invalidated by a defect in—\nthe warrant; or\ncompliance with this subdivision;\nunless the defect affects the substance of the warrant in a material particular.\nIn this section—\nwarrant includes a duplicate warrant mentioned in section 200 (3) .\n(sec.201-ssec.1) A warrant is not invalidated by a defect in— the warrant; or compliance with this subdivision; unless the defect affects the substance of the warrant in a material particular.\n(sec.201-ssec.2) In this section— warrant includes a duplicate warrant mentioned in section 200 (3) .\n- (a) the warrant; or\n- (b) compliance with this subdivision;","sortOrder":486},{"sectionNumber":"sec.202","sectionType":"section","heading":"Procedure","content":"### sec.202 Procedure\n\nThis section applies if an authorised person is intending to enter a place under a warrant issued under this division.\nBefore entering the place, the authorised person must do or make a reasonable attempt to do the following things—\nidentify himself or herself to a person who is an occupier of the place and is present by producing the authorised person’s identity card or another document evidencing the authorised person’s appointment;\ngive the person a copy of the warrant;\ntell the person the authorised person is permitted by the warrant to enter the place;\ngive the person an opportunity to allow the authorised person immediate entry to the place without using force.\nHowever, the authorised person need not comply with subsection (2) if the authorised person reasonably believes that entry to the place is required to ensure the execution of the warrant is not frustrated.\nIn this section—\nwarrant includes a duplicate warrant mentioned in section 200 (3) .\n(sec.202-ssec.1) This section applies if an authorised person is intending to enter a place under a warrant issued under this division.\n(sec.202-ssec.2) Before entering the place, the authorised person must do or make a reasonable attempt to do the following things— identify himself or herself to a person who is an occupier of the place and is present by producing the authorised person’s identity card or another document evidencing the authorised person’s appointment; give the person a copy of the warrant; tell the person the authorised person is permitted by the warrant to enter the place; give the person an opportunity to allow the authorised person immediate entry to the place without using force.\n(sec.202-ssec.3) However, the authorised person need not comply with subsection (2) if the authorised person reasonably believes that entry to the place is required to ensure the execution of the warrant is not frustrated.\n(sec.202-ssec.4) In this section— warrant includes a duplicate warrant mentioned in section 200 (3) .\n- (a) identify himself or herself to a person who is an occupier of the place and is present by producing the authorised person’s identity card or another document evidencing the authorised person’s appointment;\n- (b) give the person a copy of the warrant;\n- (c) tell the person the authorised person is permitted by the warrant to enter the place;\n- (d) give the person an opportunity to allow the authorised person immediate entry to the place without using force.","sortOrder":487},{"sectionNumber":"ch.10-pt.3-div.4","sectionType":"division","heading":"Procedure for certain other entries","content":"## Procedure for certain other entries","sortOrder":488},{"sectionNumber":"sec.203","sectionType":"section","heading":"Procedure","content":"### sec.203 Procedure\n\nThis section applies if—\nan authorised person is intending to enter a place under section 192 (1) (a) (iv) or (b); and\nan occupier of the place is present at the place.\nBefore entering the place, the authorised person must do or make a reasonable attempt to do the following things—\nidentify himself or herself to the occupier by producing the authorised person’s identity card or another document evidencing the authorised person’s appointment;\ntell the occupier the purpose of the entry;\ntell the occupier the authorised person is permitted under this Act to enter the place.\n(sec.203-ssec.1) This section applies if— an authorised person is intending to enter a place under section 192 (1) (a) (iv) or (b); and an occupier of the place is present at the place.\n(sec.203-ssec.2) Before entering the place, the authorised person must do or make a reasonable attempt to do the following things— identify himself or herself to the occupier by producing the authorised person’s identity card or another document evidencing the authorised person’s appointment; tell the occupier the purpose of the entry; tell the occupier the authorised person is permitted under this Act to enter the place.\n- (a) an authorised person is intending to enter a place under section 192 (1) (a) (iv) or (b); and\n- (b) an occupier of the place is present at the place.\n- (a) identify himself or herself to the occupier by producing the authorised person’s identity card or another document evidencing the authorised person’s appointment;\n- (b) tell the occupier the purpose of the entry;\n- (c) tell the occupier the authorised person is permitted under this Act to enter the place.","sortOrder":489},{"sectionNumber":"ch.10-pt.3-div.5","sectionType":"division","heading":"Entry of stationary vehicles by authorised persons","content":"## Entry of stationary vehicles by authorised persons","sortOrder":490},{"sectionNumber":"sec.204","sectionType":"section","heading":"Power to enter","content":"### sec.204 Power to enter\n\nAn authorised person may enter and stay in a vehicle if the vehicle is stationary and the authorised person reasonably suspects, or is aware, that a thing in or on the vehicle may provide evidence of the commission of an offence against section 53 (2) or 104 (1) .\nSee part 4 , division 1 for authorised person’s powers to stop moving vehicle.\nAn authorised person may not enter a part of a vehicle under subsection (1) that is used only as a living area.\nThe power to enter under this section is in addition to the powers under section 192 (1) (a) (ii) .\ns 204 amd 2019 No. 2 s 9A\n(sec.204-ssec.1) An authorised person may enter and stay in a vehicle if the vehicle is stationary and the authorised person reasonably suspects, or is aware, that a thing in or on the vehicle may provide evidence of the commission of an offence against section 53 (2) or 104 (1) . See part 4 , division 1 for authorised person’s powers to stop moving vehicle.\n(sec.204-ssec.2) An authorised person may not enter a part of a vehicle under subsection (1) that is used only as a living area.\n(sec.204-ssec.3) The power to enter under this section is in addition to the powers under section 192 (1) (a) (ii) .","sortOrder":491},{"sectionNumber":"sec.205","sectionType":"section","heading":"Procedure for entry","content":"### sec.205 Procedure for entry\n\nSubsection (2) applies if—\nan authorised person is intending to enter a vehicle under section 204 ; and\nthe person in control of the vehicle is present at the vehicle.\nBefore entering the vehicle, the authorised person must do, or make a reasonable attempt to do, each of the following things—\nidentify himself or herself to the person in control by producing the authorised person’s identity card or another document evidencing the authorised person’s appointment;\ntell the person the purpose of the entry;\nseek the consent of the person to the entry;\ntell the person the authorised person is permitted under this Act to enter the vehicle without the person’s consent.\nIf the person in control of the vehicle is not present at the vehicle, the authorised person must take reasonable steps to advise the person or any registered operator of the vehicle of the authorised person’s intention to enter the vehicle.\nSubsection (3) does not require the authorised person to take a step the authorised person reasonably believes may frustrate or otherwise hinder the performance of the authorised person’s functions or the purpose of the intended entry.\nIn this section—\nregistered operator , of a vehicle, means—\nif it is registered in Queensland—the person in whose name the vehicle is registered under the Transport Operations (Road Use Management) Act 1995 ; or\nif it is registered in another State—the person in whose name the vehicle is registered under the Act of the State that corresponds to the Transport Operations (Road Use Management) Act 1995 .\n(sec.205-ssec.1) Subsection (2) applies if— an authorised person is intending to enter a vehicle under section 204 ; and the person in control of the vehicle is present at the vehicle.\n(sec.205-ssec.2) Before entering the vehicle, the authorised person must do, or make a reasonable attempt to do, each of the following things— identify himself or herself to the person in control by producing the authorised person’s identity card or another document evidencing the authorised person’s appointment; tell the person the purpose of the entry; seek the consent of the person to the entry; tell the person the authorised person is permitted under this Act to enter the vehicle without the person’s consent.\n(sec.205-ssec.3) If the person in control of the vehicle is not present at the vehicle, the authorised person must take reasonable steps to advise the person or any registered operator of the vehicle of the authorised person’s intention to enter the vehicle.\n(sec.205-ssec.4) Subsection (3) does not require the authorised person to take a step the authorised person reasonably believes may frustrate or otherwise hinder the performance of the authorised person’s functions or the purpose of the intended entry.\n(sec.205-ssec.5) In this section— registered operator , of a vehicle, means— if it is registered in Queensland—the person in whose name the vehicle is registered under the Transport Operations (Road Use Management) Act 1995 ; or if it is registered in another State—the person in whose name the vehicle is registered under the Act of the State that corresponds to the Transport Operations (Road Use Management) Act 1995 .\n- (a) an authorised person is intending to enter a vehicle under section 204 ; and\n- (b) the person in control of the vehicle is present at the vehicle.\n- (a) identify himself or herself to the person in control by producing the authorised person’s identity card or another document evidencing the authorised person’s appointment;\n- (b) tell the person the purpose of the entry;\n- (c) seek the consent of the person to the entry;\n- (d) tell the person the authorised person is permitted under this Act to enter the vehicle without the person’s consent.\n- (a) if it is registered in Queensland—the person in whose name the vehicle is registered under the Transport Operations (Road Use Management) Act 1995 ; or\n- (b) if it is registered in another State—the person in whose name the vehicle is registered under the Act of the State that corresponds to the Transport Operations (Road Use Management) Act 1995 .","sortOrder":492},{"sectionNumber":"ch.10-pt.4","sectionType":"part","heading":"Other authorised persons’ powers and related matters","content":"# Other authorised persons’ powers and related matters","sortOrder":493},{"sectionNumber":"ch.10-pt.4-div.1","sectionType":"division","heading":"Stopping or moving vehicles","content":"## Stopping or moving vehicles","sortOrder":494},{"sectionNumber":"sec.206","sectionType":"section","heading":"Application of div 1","content":"### sec.206 Application of div 1\n\nThis division applies if an authorised person reasonably suspects, or is aware, that a thing in or on a vehicle may provide evidence of the commission of an offence against section 53 (2) or 104 (1) .\ns 206 amd 2019 No. 2 s 9B","sortOrder":495},{"sectionNumber":"sec.207","sectionType":"section","heading":"Power to stop or move","content":"### sec.207 Power to stop or move\n\nIf the vehicle is moving, the authorised person may, to exercise his or her powers, signal or otherwise direct the person in control of the vehicle to stop the vehicle and to bring the vehicle to, and keep it at, a convenient place within a reasonable distance to allow the authorised person to exercise the powers.\nIf the vehicle is stopped, the authorised person may direct the person in control of the vehicle—\nnot to move it until the authorised person has exercised the authorised person’s powers; or\nto move the vehicle to, and keep it at, a stated reasonable place to allow the authorised person to exercise the powers.\nWhen giving the direction under subsection (2) , the authorised person must give the person in control an offence warning for the direction.\n(sec.207-ssec.1) If the vehicle is moving, the authorised person may, to exercise his or her powers, signal or otherwise direct the person in control of the vehicle to stop the vehicle and to bring the vehicle to, and keep it at, a convenient place within a reasonable distance to allow the authorised person to exercise the powers.\n(sec.207-ssec.2) If the vehicle is stopped, the authorised person may direct the person in control of the vehicle— not to move it until the authorised person has exercised the authorised person’s powers; or to move the vehicle to, and keep it at, a stated reasonable place to allow the authorised person to exercise the powers.\n(sec.207-ssec.3) When giving the direction under subsection (2) , the authorised person must give the person in control an offence warning for the direction.\n- (a) not to move it until the authorised person has exercised the authorised person’s powers; or\n- (b) to move the vehicle to, and keep it at, a stated reasonable place to allow the authorised person to exercise the powers.","sortOrder":496},{"sectionNumber":"sec.208","sectionType":"section","heading":"Identification requirements if vehicle moving","content":"### sec.208 Identification requirements if vehicle moving\n\nThis section applies if the authorised person proposes to give a direction under section 207 (1) and the vehicle is moving.\nThe authorised person must clearly identify himself or herself as an authorised person exercising the authorised person’s powers.\nWhen the vehicle stops, the authorised person must—\nhave with him or her the authorised person’s identity card; and\nimmediately produce the identity card for the inspection of the person in control of the vehicle.\nSubsection (3) applies despite section 188 .\n(sec.208-ssec.1) This section applies if the authorised person proposes to give a direction under section 207 (1) and the vehicle is moving.\n(sec.208-ssec.2) The authorised person must clearly identify himself or herself as an authorised person exercising the authorised person’s powers.\n(sec.208-ssec.3) When the vehicle stops, the authorised person must— have with him or her the authorised person’s identity card; and immediately produce the identity card for the inspection of the person in control of the vehicle.\n(sec.208-ssec.4) Subsection (3) applies despite section 188 .\n- (a) have with him or her the authorised person’s identity card; and\n- (b) immediately produce the identity card for the inspection of the person in control of the vehicle.","sortOrder":497},{"sectionNumber":"sec.209","sectionType":"section","heading":"Failure to comply with direction","content":"### sec.209 Failure to comply with direction\n\nThe person in control of the vehicle must comply with a direction under section 207 unless the person has a reasonable excuse.\nMaximum penalty—60 penalty units.\nIt is a reasonable excuse for the person not to comply with a direction if—\nthe vehicle was moving and the authorised person did not comply with section 208 ; or\nto comply immediately would have endangered someone else or caused loss or damage to property, and the person complies as soon as it is practicable to do so.\nSubsection (2) does not limit subsection (1) .\nA person does not commit an offence against subsection (1) if—\nthe direction the person fails to comply with is given under section 207 (2) ; and\nthe person is not given an offence warning for the direction.\n(sec.209-ssec.1) The person in control of the vehicle must comply with a direction under section 207 unless the person has a reasonable excuse. Maximum penalty—60 penalty units.\n(sec.209-ssec.2) It is a reasonable excuse for the person not to comply with a direction if— the vehicle was moving and the authorised person did not comply with section 208 ; or to comply immediately would have endangered someone else or caused loss or damage to property, and the person complies as soon as it is practicable to do so.\n(sec.209-ssec.3) Subsection (2) does not limit subsection (1) .\n(sec.209-ssec.4) A person does not commit an offence against subsection (1) if— the direction the person fails to comply with is given under section 207 (2) ; and the person is not given an offence warning for the direction.\n- (a) the vehicle was moving and the authorised person did not comply with section 208 ; or\n- (b) to comply immediately would have endangered someone else or caused loss or damage to property, and the person complies as soon as it is practicable to do so.\n- (a) the direction the person fails to comply with is given under section 207 (2) ; and\n- (b) the person is not given an offence warning for the direction.","sortOrder":498},{"sectionNumber":"ch.10-pt.4-div.2","sectionType":"division","heading":"General powers after entering places","content":"## General powers after entering places","sortOrder":499},{"sectionNumber":"sec.210","sectionType":"section","heading":"Application of div 2","content":"### sec.210 Application of div 2\n\nThe powers under this division may be exercised if an authorised person enters a place under—\nsection 192 (1) (a) (i) , (ii) , (iv) , (v) or (b); or\nsection 204 .\nHowever, if the authorised person enters under section 192 (1) (a) (i) or (ii) , the powers under this division are subject to any conditions of the consent or terms of the warrant.\n(sec.210-ssec.1) The powers under this division may be exercised if an authorised person enters a place under— section 192 (1) (a) (i) , (ii) , (iv) , (v) or (b); or section 204 .\n(sec.210-ssec.2) However, if the authorised person enters under section 192 (1) (a) (i) or (ii) , the powers under this division are subject to any conditions of the consent or terms of the warrant.\n- (a) section 192 (1) (a) (i) , (ii) , (iv) , (v) or (b); or\n- (b) section 204 .","sortOrder":500},{"sectionNumber":"sec.211","sectionType":"section","heading":"General powers","content":"### sec.211 General powers\n\nThe authorised person may do any of the following (each a general power )—\nsearch any part of the place;\ninspect, examine or film any part of the place or anything at the place;\ntake for examination or analysis a thing, or a sample of or from a thing, at the place;\nplace an identifying mark in or on anything at the place;\ntake an extract from, or copy, a document at the place, or take the document to another place to copy;\nproduce an image or writing at the place from an electronic document or, to the extent it is not practicable, take a thing containing an electronic document to another place to produce an image or writing;\ntake to, into or onto the place and use any person, equipment and materials the authorised person reasonably requires for exercising the authorised person’s powers under this division;\nremain at the place for the time necessary to achieve the purpose of the entry.\nThe authorised person may take a necessary step to allow the exercise of a general power.\nIf the authorised person takes a document from the place to copy it, the authorised person must copy and return the document to the place as soon as practicable.\nIf the authorised person takes from the place an article or device reasonably capable of producing a document from an electronic document to produce the document, the authorised person must produce the document and return the article or device to the place as soon as practicable.\nIn this section—\nexamine includes analyse, test, account, measure, weigh, grade, gauge and identify.\nfilm includes photograph, videotape and record an image in another way.\ninspect , a thing, includes open the thing and examine its contents.\n(sec.211-ssec.1) The authorised person may do any of the following (each a general power )— search any part of the place; inspect, examine or film any part of the place or anything at the place; take for examination or analysis a thing, or a sample of or from a thing, at the place; place an identifying mark in or on anything at the place; take an extract from, or copy, a document at the place, or take the document to another place to copy; produce an image or writing at the place from an electronic document or, to the extent it is not practicable, take a thing containing an electronic document to another place to produce an image or writing; take to, into or onto the place and use any person, equipment and materials the authorised person reasonably requires for exercising the authorised person’s powers under this division; remain at the place for the time necessary to achieve the purpose of the entry.\n(sec.211-ssec.2) The authorised person may take a necessary step to allow the exercise of a general power.\n(sec.211-ssec.3) If the authorised person takes a document from the place to copy it, the authorised person must copy and return the document to the place as soon as practicable.\n(sec.211-ssec.4) If the authorised person takes from the place an article or device reasonably capable of producing a document from an electronic document to produce the document, the authorised person must produce the document and return the article or device to the place as soon as practicable.\n(sec.211-ssec.5) In this section— examine includes analyse, test, account, measure, weigh, grade, gauge and identify. film includes photograph, videotape and record an image in another way. inspect , a thing, includes open the thing and examine its contents.\n- (a) search any part of the place;\n- (b) inspect, examine or film any part of the place or anything at the place;\n- (c) take for examination or analysis a thing, or a sample of or from a thing, at the place;\n- (d) place an identifying mark in or on anything at the place;\n- (e) take an extract from, or copy, a document at the place, or take the document to another place to copy;\n- (f) produce an image or writing at the place from an electronic document or, to the extent it is not practicable, take a thing containing an electronic document to another place to produce an image or writing;\n- (g) take to, into or onto the place and use any person, equipment and materials the authorised person reasonably requires for exercising the authorised person’s powers under this division;\n- (h) remain at the place for the time necessary to achieve the purpose of the entry.","sortOrder":501},{"sectionNumber":"sec.212","sectionType":"section","heading":"Power to require reasonable help","content":"### sec.212 Power to require reasonable help\n\nThe authorised person may make a requirement (a help requirement ) of an occupier of the place or a person at the place to give the authorised person reasonable help to exercise a general power, including, for example, to produce a document or to give information.\nA help requirement may require the person to give the authorised person any translation, code, password or other information necessary to gain access to or interpret and understand any document or information obtained by the authorised person under a general power.\nWhen making the help requirement, the authorised person must give the person an offence warning for the requirement.\n(sec.212-ssec.1) The authorised person may make a requirement (a help requirement ) of an occupier of the place or a person at the place to give the authorised person reasonable help to exercise a general power, including, for example, to produce a document or to give information.\n(sec.212-ssec.2) A help requirement may require the person to give the authorised person any translation, code, password or other information necessary to gain access to or interpret and understand any document or information obtained by the authorised person under a general power.\n(sec.212-ssec.3) When making the help requirement, the authorised person must give the person an offence warning for the requirement.","sortOrder":502},{"sectionNumber":"sec.213","sectionType":"section","heading":"Offence to contravene help requirement","content":"### sec.213 Offence to contravene help requirement\n\nA person of whom a help requirement has been made must comply with the requirement unless the person has a reasonable excuse.\nMaximum penalty—50 penalty units.\nIt is a reasonable excuse for an individual not to comply with a help requirement if complying might tend to incriminate the individual or expose the individual to a penalty.\nHowever, subsection (2) does not apply if a document or information the subject of the help requirement is required to be held or kept by the defendant under this Act.\n(sec.213-ssec.1) A person of whom a help requirement has been made must comply with the requirement unless the person has a reasonable excuse. Maximum penalty—50 penalty units.\n(sec.213-ssec.2) It is a reasonable excuse for an individual not to comply with a help requirement if complying might tend to incriminate the individual or expose the individual to a penalty.\n(sec.213-ssec.3) However, subsection (2) does not apply if a document or information the subject of the help requirement is required to be held or kept by the defendant under this Act.","sortOrder":503},{"sectionNumber":"ch.10-pt.4-div.3","sectionType":"division","heading":"Seizure and forfeiture","content":"## Seizure and forfeiture","sortOrder":504},{"sectionNumber":"sec.214","sectionType":"section","heading":"Seizing evidence at a place that may be entered without consent or warrant","content":"### sec.214 Seizing evidence at a place that may be entered without consent or warrant\n\nAn authorised person who enters a place the authorised person may enter under this Act without the consent of an occupier of the place and without a warrant may seize a thing at the place if the authorised person reasonably believes the thing is evidence of an offence against this Act.","sortOrder":505},{"sectionNumber":"sec.215","sectionType":"section","heading":"Seizing evidence at a place that may be entered only with consent or warrant","content":"### sec.215 Seizing evidence at a place that may be entered only with consent or warrant\n\nThis section applies if—\nan authorised person is authorised to enter a place only with the consent of an occupier of the place or a warrant; and\nthe authorised person enters the place after obtaining the consent or under a warrant.\nIf the authorised person enters the place with the occupier’s consent, the authorised person may seize a thing at the place only if—\nthe authorised person reasonably believes the thing is evidence of an offence against this Act; and\nseizure of the thing is consistent with the purpose of entry as explained to the occupier when asking for the occupier’s consent.\nIf the authorised person enters the place under a warrant, the authorised person may seize the evidence for which the warrant was issued.\nThe authorised person may also seize anything else at the place if the authorised person reasonably believes—\nthe thing is evidence of an offence against this Act; and\nthe seizure is necessary to prevent the thing being—\nhidden, lost or destroyed; or\nused to continue, or repeat, the offence.\nThe authorised person may also seize a thing at the place if the authorised person reasonably believes it has just been used in committing an offence against this Act.\n(sec.215-ssec.1) This section applies if— an authorised person is authorised to enter a place only with the consent of an occupier of the place or a warrant; and the authorised person enters the place after obtaining the consent or under a warrant.\n(sec.215-ssec.2) If the authorised person enters the place with the occupier’s consent, the authorised person may seize a thing at the place only if— the authorised person reasonably believes the thing is evidence of an offence against this Act; and seizure of the thing is consistent with the purpose of entry as explained to the occupier when asking for the occupier’s consent.\n(sec.215-ssec.3) If the authorised person enters the place under a warrant, the authorised person may seize the evidence for which the warrant was issued.\n(sec.215-ssec.4) The authorised person may also seize anything else at the place if the authorised person reasonably believes— the thing is evidence of an offence against this Act; and the seizure is necessary to prevent the thing being— hidden, lost or destroyed; or used to continue, or repeat, the offence.\n(sec.215-ssec.5) The authorised person may also seize a thing at the place if the authorised person reasonably believes it has just been used in committing an offence against this Act.\n- (a) an authorised person is authorised to enter a place only with the consent of an occupier of the place or a warrant; and\n- (b) the authorised person enters the place after obtaining the consent or under a warrant.\n- (a) the authorised person reasonably believes the thing is evidence of an offence against this Act; and\n- (b) seizure of the thing is consistent with the purpose of entry as explained to the occupier when asking for the occupier’s consent.\n- (a) the thing is evidence of an offence against this Act; and\n- (b) the seizure is necessary to prevent the thing being— (i) hidden, lost or destroyed; or (ii) used to continue, or repeat, the offence.\n- (i) hidden, lost or destroyed; or\n- (ii) used to continue, or repeat, the offence.\n- (i) hidden, lost or destroyed; or\n- (ii) used to continue, or repeat, the offence.","sortOrder":506},{"sectionNumber":"sec.216","sectionType":"section","heading":"Seizure of property subject to security","content":"### sec.216 Seizure of property subject to security\n\nAn authorised person may seize a thing, and exercise powers relating to the thing, despite a lien or other security over the thing claimed by another person.\nHowever, the seizure does not affect the other person’s claim to the lien or other security against a person other than the authorised person or a person acting for the authorised person.\n(sec.216-ssec.1) An authorised person may seize a thing, and exercise powers relating to the thing, despite a lien or other security over the thing claimed by another person.\n(sec.216-ssec.2) However, the seizure does not affect the other person’s claim to the lien or other security against a person other than the authorised person or a person acting for the authorised person.","sortOrder":507},{"sectionNumber":"sec.217","sectionType":"section","heading":"Requirement of person in control of thing to be seized","content":"### sec.217 Requirement of person in control of thing to be seized\n\nTo enable a thing to be seized, an authorised person may require the person in control of it—\nto take it to a stated reasonable place by a stated reasonable time; and\nif necessary, to remain in control of it at the stated place for a stated reasonable time.\nThe requirement—\nmust be made by notice; or\nif for any reason it is not practicable to give a notice, may be made orally and confirmed by notice as soon as practicable.\n(sec.217-ssec.1) To enable a thing to be seized, an authorised person may require the person in control of it— to take it to a stated reasonable place by a stated reasonable time; and if necessary, to remain in control of it at the stated place for a stated reasonable time.\n(sec.217-ssec.2) The requirement— must be made by notice; or if for any reason it is not practicable to give a notice, may be made orally and confirmed by notice as soon as practicable.\n- (a) to take it to a stated reasonable place by a stated reasonable time; and\n- (b) if necessary, to remain in control of it at the stated place for a stated reasonable time.\n- (a) must be made by notice; or\n- (b) if for any reason it is not practicable to give a notice, may be made orally and confirmed by notice as soon as practicable.","sortOrder":508},{"sectionNumber":"sec.218","sectionType":"section","heading":"Offence to contravene seizure requirement","content":"### sec.218 Offence to contravene seizure requirement\n\nA person of whom a requirement is made under section 217 must comply with the requirement unless the person has a reasonable excuse.\nMaximum penalty—60 penalty units.","sortOrder":509},{"sectionNumber":"sec.219","sectionType":"section","heading":"Power to secure seized thing","content":"### sec.219 Power to secure seized thing\n\nHaving seized a thing under this division, an authorised person may—\nleave it at the place where it was seized (the place of seizure ) and take reasonable action to restrict access to it; or\nmove it from the place of seizure.\nFor subsection (1) (a) , the authorised person may, for example—\nseal the thing, or the entrance to the place of seizure, and mark the thing or place to show access to the thing or place is restricted; or\nfor equipment—make it inoperable; or\nmake it inoperable by dismantling it or removing a component without which the equipment can not be used\nrequire a person the authorised person reasonably believes is in control of the place or thing to do an act mentioned in paragraph (a) or (b) or anything else an authorised person could do under subsection (1) (a) .\n(sec.219-ssec.1) Having seized a thing under this division, an authorised person may— leave it at the place where it was seized (the place of seizure ) and take reasonable action to restrict access to it; or move it from the place of seizure.\n(sec.219-ssec.2) For subsection (1) (a) , the authorised person may, for example— seal the thing, or the entrance to the place of seizure, and mark the thing or place to show access to the thing or place is restricted; or for equipment—make it inoperable; or make it inoperable by dismantling it or removing a component without which the equipment can not be used require a person the authorised person reasonably believes is in control of the place or thing to do an act mentioned in paragraph (a) or (b) or anything else an authorised person could do under subsection (1) (a) .\n- (a) leave it at the place where it was seized (the place of seizure ) and take reasonable action to restrict access to it; or\n- (b) move it from the place of seizure.\n- (a) seal the thing, or the entrance to the place of seizure, and mark the thing or place to show access to the thing or place is restricted; or\n- (b) for equipment—make it inoperable; or Example— make it inoperable by dismantling it or removing a component without which the equipment can not be used\n- (c) require a person the authorised person reasonably believes is in control of the place or thing to do an act mentioned in paragraph (a) or (b) or anything else an authorised person could do under subsection (1) (a) .","sortOrder":510},{"sectionNumber":"sec.220","sectionType":"section","heading":"Offence to contravene other seizure requirement","content":"### sec.220 Offence to contravene other seizure requirement\n\nA person must comply with a requirement made of the person under section 219 (2) (c) unless the person has a reasonable excuse.\nMaximum penalty—60 penalty units.","sortOrder":511},{"sectionNumber":"sec.221","sectionType":"section","heading":"Offence to interfere","content":"### sec.221 Offence to interfere\n\nIf access to a seized thing is restricted under section 219 , a person must not tamper with the thing or with anything used to restrict access to the thing without—\nan authorised person’s approval; or\na reasonable excuse.\nMaximum penalty—60 penalty units.\nIf access to a place is restricted under section 219 , a person must not enter the place in contravention of the restriction or tamper with anything used to restrict access to the place without—\nan authorised person’s approval; or\na reasonable excuse.\nMaximum penalty—60 penalty units.\n(sec.221-ssec.1) If access to a seized thing is restricted under section 219 , a person must not tamper with the thing or with anything used to restrict access to the thing without— an authorised person’s approval; or a reasonable excuse. Maximum penalty—60 penalty units.\n(sec.221-ssec.2) If access to a place is restricted under section 219 , a person must not enter the place in contravention of the restriction or tamper with anything used to restrict access to the place without— an authorised person’s approval; or a reasonable excuse. Maximum penalty—60 penalty units.\n- (a) an authorised person’s approval; or\n- (b) a reasonable excuse.\n- (a) an authorised person’s approval; or\n- (b) a reasonable excuse.","sortOrder":512},{"sectionNumber":"sec.222","sectionType":"section","heading":"Receipt and information notice for seized thing","content":"### sec.222 Receipt and information notice for seized thing\n\nThis section applies if an authorised person seizes anything under this division unless—\nthe authorised person reasonably believes there is no-one apparently in possession of the thing or it has been abandoned; or\nbecause of the condition, nature and value of the thing it would be unreasonable to require the authorised person to comply with this section.\nThe authorised person must, as soon as practicable after seizing the thing, give an owner or person in control of the thing before it was seized—\na receipt for the thing that generally describes the thing and its condition; and\nan information notice for the decision to seize it.\nHowever, if an owner or person from whom the thing is seized is not present when it is seized, the receipt and information notice may be given by leaving them in a conspicuous position and in a reasonably secure way at the place at which the thing is seized.\nThe receipt and information notice may—\nbe given in the same document; and\nrelate to more than 1 seized thing.\nThe authorised person may delay giving the receipt and information notice if the authorised person reasonably suspects giving them may frustrate or otherwise hinder an investigation by the authorised person under this Act.\nHowever, the delay may be only for so long as the authorised person continues to have the reasonable suspicion and remains in the vicinity of the place at which the thing was seized to keep it under observation.\n(sec.222-ssec.1) This section applies if an authorised person seizes anything under this division unless— the authorised person reasonably believes there is no-one apparently in possession of the thing or it has been abandoned; or because of the condition, nature and value of the thing it would be unreasonable to require the authorised person to comply with this section.\n(sec.222-ssec.2) The authorised person must, as soon as practicable after seizing the thing, give an owner or person in control of the thing before it was seized— a receipt for the thing that generally describes the thing and its condition; and an information notice for the decision to seize it.\n(sec.222-ssec.3) However, if an owner or person from whom the thing is seized is not present when it is seized, the receipt and information notice may be given by leaving them in a conspicuous position and in a reasonably secure way at the place at which the thing is seized.\n(sec.222-ssec.4) The receipt and information notice may— be given in the same document; and relate to more than 1 seized thing.\n(sec.222-ssec.5) The authorised person may delay giving the receipt and information notice if the authorised person reasonably suspects giving them may frustrate or otherwise hinder an investigation by the authorised person under this Act.\n(sec.222-ssec.6) However, the delay may be only for so long as the authorised person continues to have the reasonable suspicion and remains in the vicinity of the place at which the thing was seized to keep it under observation.\n- (a) the authorised person reasonably believes there is no-one apparently in possession of the thing or it has been abandoned; or\n- (b) because of the condition, nature and value of the thing it would be unreasonable to require the authorised person to comply with this section.\n- (a) a receipt for the thing that generally describes the thing and its condition; and\n- (b) an information notice for the decision to seize it.\n- (a) be given in the same document; and\n- (b) relate to more than 1 seized thing.","sortOrder":513},{"sectionNumber":"sec.223","sectionType":"section","heading":"Access to seized thing","content":"### sec.223 Access to seized thing\n\nUntil a seized thing is forfeited or returned, the authorised person who seized the thing must allow an owner of the thing—\nto inspect it at any reasonable time and from time to time; and\nif it is a document—to copy it.\nSubsection (1) does not apply if it is impracticable or would be unreasonable to allow the inspection or copying.\nThe inspection or copying must be allowed free of charge.\n(sec.223-ssec.1) Until a seized thing is forfeited or returned, the authorised person who seized the thing must allow an owner of the thing— to inspect it at any reasonable time and from time to time; and if it is a document—to copy it.\n(sec.223-ssec.2) Subsection (1) does not apply if it is impracticable or would be unreasonable to allow the inspection or copying.\n(sec.223-ssec.3) The inspection or copying must be allowed free of charge.\n- (a) to inspect it at any reasonable time and from time to time; and\n- (b) if it is a document—to copy it.","sortOrder":514},{"sectionNumber":"sec.224","sectionType":"section","heading":"Return of seized thing","content":"### sec.224 Return of seized thing\n\nThis section applies if a seized thing has some intrinsic value and is not—\nforfeited or transferred under subdivision 4 or 5 ; or\nsubject to a disposal order under division 4 .\nThe authorised person must return the seized thing to an owner—\ngenerally—at the end of 1 year after the seizure; or\nif a proceeding for an offence involving the thing is started within the 1 year—at the end of the proceeding and any appeal from the proceeding.\nDespite subsection (2) , if the thing was seized as evidence, the authorised person must return the thing seized to an owner as soon as practicable after the authorised person is satisfied—\nits continued retention as evidence is no longer required; and\nits continued retention is not necessary to prevent it being used to continue, or repeat, an offence against this Act; and\nit is lawful for the owner to possess it.\nNothing in this section affects a lien or other security over the seized thing.\n(sec.224-ssec.1) This section applies if a seized thing has some intrinsic value and is not— forfeited or transferred under subdivision 4 or 5 ; or subject to a disposal order under division 4 .\n(sec.224-ssec.2) The authorised person must return the seized thing to an owner— generally—at the end of 1 year after the seizure; or if a proceeding for an offence involving the thing is started within the 1 year—at the end of the proceeding and any appeal from the proceeding.\n(sec.224-ssec.3) Despite subsection (2) , if the thing was seized as evidence, the authorised person must return the thing seized to an owner as soon as practicable after the authorised person is satisfied— its continued retention as evidence is no longer required; and its continued retention is not necessary to prevent it being used to continue, or repeat, an offence against this Act; and it is lawful for the owner to possess it.\n(sec.224-ssec.4) Nothing in this section affects a lien or other security over the seized thing.\n- (a) forfeited or transferred under subdivision 4 or 5 ; or\n- (b) subject to a disposal order under division 4 .\n- (a) generally—at the end of 1 year after the seizure; or\n- (b) if a proceeding for an offence involving the thing is started within the 1 year—at the end of the proceeding and any appeal from the proceeding.\n- (a) its continued retention as evidence is no longer required; and\n- (b) its continued retention is not necessary to prevent it being used to continue, or repeat, an offence against this Act; and\n- (c) it is lawful for the owner to possess it.","sortOrder":515},{"sectionNumber":"sec.225","sectionType":"section","heading":"Forfeiture by chief executive","content":"### sec.225 Forfeiture by chief executive\n\nThe chief executive may decide a seized thing is forfeited to the State if an authorised person—\nafter making reasonable inquiries, can not find an owner; or\nafter making reasonable efforts, can not return it to an owner; or\nreasonably believes it is necessary to keep the thing to prevent it being used to commit the offence for which it was seized.\nHowever, the authorised person is not required to—\nmake inquiries if it would be unreasonable to make inquiries to find an owner; or\nmake efforts if it would be unreasonable to make efforts to return the thing to an owner.\nThe owner of the thing has migrated to another country.\nRegard must be had to the thing’s condition, nature and value in deciding—\nwhether it is reasonable to make inquiries or efforts; and\nif inquiries or efforts are made—what inquiries or efforts, including the period over which they are made, are reasonable.\n(sec.225-ssec.1) The chief executive may decide a seized thing is forfeited to the State if an authorised person— after making reasonable inquiries, can not find an owner; or after making reasonable efforts, can not return it to an owner; or reasonably believes it is necessary to keep the thing to prevent it being used to commit the offence for which it was seized.\n(sec.225-ssec.2) However, the authorised person is not required to— make inquiries if it would be unreasonable to make inquiries to find an owner; or make efforts if it would be unreasonable to make efforts to return the thing to an owner. The owner of the thing has migrated to another country.\n(sec.225-ssec.3) Regard must be had to the thing’s condition, nature and value in deciding— whether it is reasonable to make inquiries or efforts; and if inquiries or efforts are made—what inquiries or efforts, including the period over which they are made, are reasonable.\n- (a) after making reasonable inquiries, can not find an owner; or\n- (b) after making reasonable efforts, can not return it to an owner; or\n- (c) reasonably believes it is necessary to keep the thing to prevent it being used to commit the offence for which it was seized.\n- (a) make inquiries if it would be unreasonable to make inquiries to find an owner; or\n- (b) make efforts if it would be unreasonable to make efforts to return the thing to an owner. Example for paragraph (b) — The owner of the thing has migrated to another country.\n- (a) whether it is reasonable to make inquiries or efforts; and\n- (b) if inquiries or efforts are made—what inquiries or efforts, including the period over which they are made, are reasonable.","sortOrder":516},{"sectionNumber":"sec.226","sectionType":"section","heading":"Information notice for forfeiture decision","content":"### sec.226 Information notice for forfeiture decision\n\nIf the chief executive decides under section 225 (1) to forfeit a thing, the chief executive must as soon as practicable give a person who owned the thing immediately before the forfeiture (the former owner ) an information notice for the decision.\nThe information notice may be given by leaving it at the place where the thing was seized, in a conspicuous position and in a reasonably secure way.\nThe information notice must state that the former owner may apply for a stay of the decision if he or she seeks a review of the decision.\nHowever, subsections (1) to (3) do not apply if—\nthe decision was made under section 225 (1) (a) or (b) ; and\nthe place where the thing was seized is—\na public place; or\na place where the notice is unlikely to be read by the former owner.\n(sec.226-ssec.1) If the chief executive decides under section 225 (1) to forfeit a thing, the chief executive must as soon as practicable give a person who owned the thing immediately before the forfeiture (the former owner ) an information notice for the decision.\n(sec.226-ssec.2) The information notice may be given by leaving it at the place where the thing was seized, in a conspicuous position and in a reasonably secure way.\n(sec.226-ssec.3) The information notice must state that the former owner may apply for a stay of the decision if he or she seeks a review of the decision.\n(sec.226-ssec.4) However, subsections (1) to (3) do not apply if— the decision was made under section 225 (1) (a) or (b) ; and the place where the thing was seized is— a public place; or a place where the notice is unlikely to be read by the former owner.\n- (a) the decision was made under section 225 (1) (a) or (b) ; and\n- (b) the place where the thing was seized is— (i) a public place; or (ii) a place where the notice is unlikely to be read by the former owner.\n- (i) a public place; or\n- (ii) a place where the notice is unlikely to be read by the former owner.\n- (i) a public place; or\n- (ii) a place where the notice is unlikely to be read by the former owner.","sortOrder":517},{"sectionNumber":"sec.227","sectionType":"section","heading":"Forfeiture on conviction","content":"### sec.227 Forfeiture on conviction\n\nIf a court convicts a person of an offence against this Act, the court may order (a forfeiture order ) the forfeiture to the State of—\nanything used to commit the offence; or\nanything else the subject of the offence.\nThe court may make the order—\nwhether or not the thing has been seized; and\nif the thing has been seized—whether or not the thing has been returned to the former owner of the thing.\nThe court may make any order to enforce the forfeiture it considers appropriate.\nThis section does not limit the court’s powers under another law.\n(sec.227-ssec.1) If a court convicts a person of an offence against this Act, the court may order (a forfeiture order ) the forfeiture to the State of— anything used to commit the offence; or anything else the subject of the offence.\n(sec.227-ssec.2) The court may make the order— whether or not the thing has been seized; and if the thing has been seized—whether or not the thing has been returned to the former owner of the thing.\n(sec.227-ssec.3) The court may make any order to enforce the forfeiture it considers appropriate.\n(sec.227-ssec.4) This section does not limit the court’s powers under another law.\n- (a) anything used to commit the offence; or\n- (b) anything else the subject of the offence.\n- (a) whether or not the thing has been seized; and\n- (b) if the thing has been seized—whether or not the thing has been returned to the former owner of the thing.","sortOrder":518},{"sectionNumber":"sec.228","sectionType":"section","heading":"Procedure and powers for making forfeiture order","content":"### sec.228 Procedure and powers for making forfeiture order\n\nA forfeiture order may be made on a conviction on the court’s initiative or on an application by the prosecution.\nIn deciding whether to make a forfeiture order for a thing, the court—\nmay require notice to be given to anyone the court considers appropriate, including, for example, any person who may have any property in the thing; and\nmust hear any submissions that any person claiming to have any property in the thing may wish to make.\n(sec.228-ssec.1) A forfeiture order may be made on a conviction on the court’s initiative or on an application by the prosecution.\n(sec.228-ssec.2) In deciding whether to make a forfeiture order for a thing, the court— may require notice to be given to anyone the court considers appropriate, including, for example, any person who may have any property in the thing; and must hear any submissions that any person claiming to have any property in the thing may wish to make.\n- (a) may require notice to be given to anyone the court considers appropriate, including, for example, any person who may have any property in the thing; and\n- (b) must hear any submissions that any person claiming to have any property in the thing may wish to make.","sortOrder":519},{"sectionNumber":"sec.229","sectionType":"section","heading":"When thing becomes property of the State","content":"### sec.229 When thing becomes property of the State\n\nA thing becomes the property of the State if—\nthe thing is forfeited to the State under section 225 (1) or 227 ; or\nthe owner of the thing and the State agree, in writing, to the transfer of the ownership of the thing to the State.\n- (a) the thing is forfeited to the State under section 225 (1) or 227 ; or\n- (b) the owner of the thing and the State agree, in writing, to the transfer of the ownership of the thing to the State.","sortOrder":520},{"sectionNumber":"sec.230","sectionType":"section","heading":"How property may be dealt with","content":"### sec.230 How property may be dealt with\n\nThis section applies if, under section 229 , a thing becomes the property of the State.\nThe chief executive may deal with the thing as the chief executive considers appropriate, including, for example, by destroying it or giving it away.\nThe chief executive must not deal with the thing in a way that could prejudice the outcome of any review or appeal relating to the forfeiture under this Act or the QCAT Act .\nIf the chief executive sells the thing, the chief executive may, after deducting the costs of the sale, return the proceeds of the sale to the former owner of the thing.\nThis section is subject to any disposal order made for the thing.\n(sec.230-ssec.1) This section applies if, under section 229 , a thing becomes the property of the State.\n(sec.230-ssec.2) The chief executive may deal with the thing as the chief executive considers appropriate, including, for example, by destroying it or giving it away.\n(sec.230-ssec.3) The chief executive must not deal with the thing in a way that could prejudice the outcome of any review or appeal relating to the forfeiture under this Act or the QCAT Act .\n(sec.230-ssec.4) If the chief executive sells the thing, the chief executive may, after deducting the costs of the sale, return the proceeds of the sale to the former owner of the thing.\n(sec.230-ssec.5) This section is subject to any disposal order made for the thing.","sortOrder":521},{"sectionNumber":"ch.10-pt.4-div.4","sectionType":"division","heading":"Disposal orders","content":"## Disposal orders","sortOrder":522},{"sectionNumber":"sec.231","sectionType":"section","heading":"Disposal order","content":"### sec.231 Disposal order\n\nThis section applies if a court convicts a person of an offence against this Act.\nThe court may make an order (a disposal order ), on its own initiative or on an application by the prosecution, for the disposal of any of the following things owned by the person—\nanything that was the subject of, or used to commit, the offence;\nanother thing the court considers is likely to be used by the person or another person in committing a further offence against this Act.\nThe court may make a disposal order for a thing—\nwhether or not it has been seized under this Act; and\nif the thing has been seized—whether or not it has been returned to the former owner.\nIn deciding whether to make a disposal order for a thing, the court—\nmay require notice to be given to anyone the court considers appropriate, including, for example, any person who may have any property in the thing; and\nmust hear any submissions that any person claiming to have any property in the thing may wish to make.\nThe court may make any order to enforce the disposal order that it considers appropriate.\nThis section does not limit the court’s powers under another law.\n(sec.231-ssec.1) This section applies if a court convicts a person of an offence against this Act.\n(sec.231-ssec.2) The court may make an order (a disposal order ), on its own initiative or on an application by the prosecution, for the disposal of any of the following things owned by the person— anything that was the subject of, or used to commit, the offence; another thing the court considers is likely to be used by the person or another person in committing a further offence against this Act.\n(sec.231-ssec.3) The court may make a disposal order for a thing— whether or not it has been seized under this Act; and if the thing has been seized—whether or not it has been returned to the former owner.\n(sec.231-ssec.4) In deciding whether to make a disposal order for a thing, the court— may require notice to be given to anyone the court considers appropriate, including, for example, any person who may have any property in the thing; and must hear any submissions that any person claiming to have any property in the thing may wish to make.\n(sec.231-ssec.5) The court may make any order to enforce the disposal order that it considers appropriate.\n(sec.231-ssec.6) This section does not limit the court’s powers under another law.\n- (a) anything that was the subject of, or used to commit, the offence;\n- (b) another thing the court considers is likely to be used by the person or another person in committing a further offence against this Act.\n- (a) whether or not it has been seized under this Act; and\n- (b) if the thing has been seized—whether or not it has been returned to the former owner.\n- (a) may require notice to be given to anyone the court considers appropriate, including, for example, any person who may have any property in the thing; and\n- (b) must hear any submissions that any person claiming to have any property in the thing may wish to make.","sortOrder":523},{"sectionNumber":"ch.10-pt.4-div.5","sectionType":"division","heading":"Other information-obtaining powers","content":"## Other information-obtaining powers","sortOrder":524},{"sectionNumber":"sec.232","sectionType":"section","heading":"Power to require name and address","content":"### sec.232 Power to require name and address\n\nThis section applies if an authorised person—\nfinds a person committing an offence against this Act or contravening a prescribed provision; or\nfinds a person in circumstances that lead the authorised person to reasonably suspect the person has just committed an offence against this Act or contravened a prescribed provision; or\nhas information that leads the authorised person to reasonably suspect a person has just committed an offence against this Act or contravened a prescribed provision.\nThe authorised person may require the person to state the person’s name and address.\nThe authorised person may also require the person to give evidence of the correctness of the stated name or address if, in the circumstances, it would be reasonable to expect the person to—\nbe in possession of evidence of the correctness of the stated name or address; or\notherwise be able to give the evidence.\nWhen making a personal details requirement, the authorised person must give the person an offence warning for the requirement.\nA requirement under this section is a personal details requirement .\nIn this section—\naddress , of a person, includes the person’s residential and business address and, for a person temporarily in Queensland, includes the place where the person is living in Queensland.\nprescribed provision means section 107 (1) , 108 or 109 (1) or (2) .\n(sec.232-ssec.1) This section applies if an authorised person— finds a person committing an offence against this Act or contravening a prescribed provision; or finds a person in circumstances that lead the authorised person to reasonably suspect the person has just committed an offence against this Act or contravened a prescribed provision; or has information that leads the authorised person to reasonably suspect a person has just committed an offence against this Act or contravened a prescribed provision.\n(sec.232-ssec.2) The authorised person may require the person to state the person’s name and address.\n(sec.232-ssec.3) The authorised person may also require the person to give evidence of the correctness of the stated name or address if, in the circumstances, it would be reasonable to expect the person to— be in possession of evidence of the correctness of the stated name or address; or otherwise be able to give the evidence.\n(sec.232-ssec.4) When making a personal details requirement, the authorised person must give the person an offence warning for the requirement.\n(sec.232-ssec.5) A requirement under this section is a personal details requirement .\n(sec.232-ssec.6) In this section— address , of a person, includes the person’s residential and business address and, for a person temporarily in Queensland, includes the place where the person is living in Queensland. prescribed provision means section 107 (1) , 108 or 109 (1) or (2) .\n- (a) finds a person committing an offence against this Act or contravening a prescribed provision; or\n- (b) finds a person in circumstances that lead the authorised person to reasonably suspect the person has just committed an offence against this Act or contravened a prescribed provision; or\n- (c) has information that leads the authorised person to reasonably suspect a person has just committed an offence against this Act or contravened a prescribed provision.\n- (a) be in possession of evidence of the correctness of the stated name or address; or\n- (b) otherwise be able to give the evidence.","sortOrder":525},{"sectionNumber":"sec.233","sectionType":"section","heading":"Offence to contravene personal details requirement","content":"### sec.233 Offence to contravene personal details requirement\n\nA person of whom a personal details requirement has been made must comply with the requirement unless the person has a reasonable excuse.\nMaximum penalty—50 penalty units.\nA person may not be convicted of an offence under subsection (1) unless—\nthe person is found guilty of the offence in relation to which the personal details requirement was made; or\nif the personal details requirement was made in relation to a contravention of a prescribed provision mentioned in section 232 —the court is satisfied beyond reasonable doubt that the person contravened the prescribed provision.\n(sec.233-ssec.1) A person of whom a personal details requirement has been made must comply with the requirement unless the person has a reasonable excuse. Maximum penalty—50 penalty units.\n(sec.233-ssec.2) A person may not be convicted of an offence under subsection (1) unless— the person is found guilty of the offence in relation to which the personal details requirement was made; or if the personal details requirement was made in relation to a contravention of a prescribed provision mentioned in section 232 —the court is satisfied beyond reasonable doubt that the person contravened the prescribed provision.\n- (a) the person is found guilty of the offence in relation to which the personal details requirement was made; or\n- (b) if the personal details requirement was made in relation to a contravention of a prescribed provision mentioned in section 232 —the court is satisfied beyond reasonable doubt that the person contravened the prescribed provision.","sortOrder":526},{"sectionNumber":"sec.234","sectionType":"section","heading":"Power to require production of document","content":"### sec.234 Power to require production of document\n\nAn authorised person may require a person to make available for inspection by an authorised person, or to produce to the authorised person for inspection, at a reasonable time and place nominated by the authorised person—\na document issued to the person under this Act or required to be kept by the person under this Act; or\nif a document or information required to be kept by a person under this Act is stored or recorded by means of a device—a document that is a clear written reproduction of the stored or recorded document or information.\nA requirement under subsection (1) is a document production requirement .\nFor an electronic document, compliance with the document production requirement requires the making available or production of a clear written reproduction of the electronic document.\nThe authorised person may keep the document to copy it.\nIf the authorised person copies the document, or an entry in the document, the authorised person may require the person responsible for keeping the document to certify the copy as a true copy of the document or entry.\nA requirement under subsection (5) is a document certification requirement .\nThe authorised person must return the document to the person as soon as practicable after copying it.\nHowever, if a document certification requirement is made of a person, the authorised person may keep the document until the person complies with the requirement.\n(sec.234-ssec.1) An authorised person may require a person to make available for inspection by an authorised person, or to produce to the authorised person for inspection, at a reasonable time and place nominated by the authorised person— a document issued to the person under this Act or required to be kept by the person under this Act; or if a document or information required to be kept by a person under this Act is stored or recorded by means of a device—a document that is a clear written reproduction of the stored or recorded document or information.\n(sec.234-ssec.2) A requirement under subsection (1) is a document production requirement .\n(sec.234-ssec.3) For an electronic document, compliance with the document production requirement requires the making available or production of a clear written reproduction of the electronic document.\n(sec.234-ssec.4) The authorised person may keep the document to copy it.\n(sec.234-ssec.5) If the authorised person copies the document, or an entry in the document, the authorised person may require the person responsible for keeping the document to certify the copy as a true copy of the document or entry.\n(sec.234-ssec.6) A requirement under subsection (5) is a document certification requirement .\n(sec.234-ssec.7) The authorised person must return the document to the person as soon as practicable after copying it.\n(sec.234-ssec.8) However, if a document certification requirement is made of a person, the authorised person may keep the document until the person complies with the requirement.\n- (a) a document issued to the person under this Act or required to be kept by the person under this Act; or\n- (b) if a document or information required to be kept by a person under this Act is stored or recorded by means of a device—a document that is a clear written reproduction of the stored or recorded document or information.","sortOrder":527},{"sectionNumber":"sec.235","sectionType":"section","heading":"Offence to contravene document production requirement","content":"### sec.235 Offence to contravene document production requirement\n\nA person of whom a document production requirement has been made must comply with the requirement unless the person has a reasonable excuse.\nMaximum penalty—60 penalty units.\nIt is a reasonable excuse for an individual not to comply with a document production requirement if complying might tend to incriminate the individual or expose the individual to a penalty.\nHowever, subsection (2) does not apply if a document or information the subject of the document production requirement is required to be held or kept by the person under this Act.\nIf a court convicts a person of an offence against subsection (1) , the court may, as well as imposing a penalty for the offence, order the person to comply with the document production requirement.\n(sec.235-ssec.1) A person of whom a document production requirement has been made must comply with the requirement unless the person has a reasonable excuse. Maximum penalty—60 penalty units.\n(sec.235-ssec.2) It is a reasonable excuse for an individual not to comply with a document production requirement if complying might tend to incriminate the individual or expose the individual to a penalty.\n(sec.235-ssec.3) However, subsection (2) does not apply if a document or information the subject of the document production requirement is required to be held or kept by the person under this Act.\n(sec.235-ssec.4) If a court convicts a person of an offence against subsection (1) , the court may, as well as imposing a penalty for the offence, order the person to comply with the document production requirement.","sortOrder":528},{"sectionNumber":"sec.236","sectionType":"section","heading":"Offence to contravene document certification requirement","content":"### sec.236 Offence to contravene document certification requirement\n\nA person of whom a document certification requirement has been made must comply with the requirement unless the person has a reasonable excuse.\nMaximum penalty—50 penalty units.\nIt is a reasonable excuse for an individual not to comply with a document certification requirement if complying might tend to incriminate the individual or expose the individual to a penalty.\nHowever, subsection (2) does not apply if the document certification requirement relates to a document or information that is required to be held or kept by the person under this Act.\n(sec.236-ssec.1) A person of whom a document certification requirement has been made must comply with the requirement unless the person has a reasonable excuse. Maximum penalty—50 penalty units.\n(sec.236-ssec.2) It is a reasonable excuse for an individual not to comply with a document certification requirement if complying might tend to incriminate the individual or expose the individual to a penalty.\n(sec.236-ssec.3) However, subsection (2) does not apply if the document certification requirement relates to a document or information that is required to be held or kept by the person under this Act.","sortOrder":529},{"sectionNumber":"sec.237","sectionType":"section","heading":"Power to require information","content":"### sec.237 Power to require information\n\nThis section applies if an authorised person reasonably believes—\nan offence against this Act has been committed; and\na person may be able to give information about the offence.\nThe authorised person may, by notice given to the person, require the person to give the authorised person information related to the offence at a stated reasonable time and place.\nA requirement under subsection (2) is an information requirement .\nFor information that is an electronic document, compliance with the information requirement requires the giving of a clear image or written version of the electronic document.\nIn this section—\ninformation includes a document.\n(sec.237-ssec.1) This section applies if an authorised person reasonably believes— an offence against this Act has been committed; and a person may be able to give information about the offence.\n(sec.237-ssec.2) The authorised person may, by notice given to the person, require the person to give the authorised person information related to the offence at a stated reasonable time and place.\n(sec.237-ssec.3) A requirement under subsection (2) is an information requirement .\n(sec.237-ssec.4) For information that is an electronic document, compliance with the information requirement requires the giving of a clear image or written version of the electronic document.\n(sec.237-ssec.5) In this section— information includes a document.\n- (a) an offence against this Act has been committed; and\n- (b) a person may be able to give information about the offence.","sortOrder":530},{"sectionNumber":"sec.238","sectionType":"section","heading":"Offence to contravene information requirement","content":"### sec.238 Offence to contravene information requirement\n\nA person of whom an information requirement is made must comply with the requirement unless the person has a reasonable excuse.\nMaximum penalty—50 penalty units.\nIt is a reasonable excuse for an individual not to give the information if giving the information might tend to incriminate the individual or expose the individual to a penalty.\n(sec.238-ssec.1) A person of whom an information requirement is made must comply with the requirement unless the person has a reasonable excuse. Maximum penalty—50 penalty units.\n(sec.238-ssec.2) It is a reasonable excuse for an individual not to give the information if giving the information might tend to incriminate the individual or expose the individual to a penalty.","sortOrder":531},{"sectionNumber":"ch.10-pt.5","sectionType":"part","heading":"Miscellaneous provisions","content":"# Miscellaneous provisions","sortOrder":532},{"sectionNumber":"ch.10-pt.5-div.1","sectionType":"division","heading":"Damage","content":"## Damage","sortOrder":533},{"sectionNumber":"sec.239","sectionType":"section","heading":"Duty to avoid inconvenience and minimise damage","content":"### sec.239 Duty to avoid inconvenience and minimise damage\n\nIn exercising a power, an authorised person must take all reasonable steps to cause as little inconvenience, and do as little damage, as possible.\nSee also section 241 .","sortOrder":534},{"sectionNumber":"sec.240","sectionType":"section","heading":"Notice of damage","content":"### sec.240 Notice of damage\n\nThis section applies if—\nan authorised person damages something when exercising, or purporting to exercise, a power; or\na person (the assistant ) acting under the direction or authority of an authorised person damages something.\nHowever, this section does not apply to damage the authorised person reasonably considers is trivial or if the authorised person reasonably believes—\nthere is no-one apparently in possession of the thing; or\nthe thing has been abandoned.\nThe authorised person must give notice of the damage to a person who appears to the authorised person to be an owner, or person in control, of the thing.\nHowever, if for any reason it is not practicable to comply with subsection (3) , the authorised person must—\nleave the notice at the place where the damage happened; and\nensure it is left in a conspicuous position and in a reasonably secure way.\nThe authorised person may delay complying with subsection (3) or (4) if the authorised person reasonably suspects complying with the subsection may frustrate or otherwise hinder the performance of the authorised person’s functions.\nThe delay may be only for so long as the authorised person continues to have the reasonable suspicion and remains in the vicinity of the place.\nIf the authorised person believes the damage was caused by a latent defect in the thing or circumstances beyond the control of the authorised person or the assistant, the authorised person may state the belief in the notice.\nThe notice must state—\nparticulars of the damage; and\nthat the person who suffered the damage may claim compensation under section 241 .\n(sec.240-ssec.1) This section applies if— an authorised person damages something when exercising, or purporting to exercise, a power; or a person (the assistant ) acting under the direction or authority of an authorised person damages something.\n(sec.240-ssec.2) However, this section does not apply to damage the authorised person reasonably considers is trivial or if the authorised person reasonably believes— there is no-one apparently in possession of the thing; or the thing has been abandoned.\n(sec.240-ssec.3) The authorised person must give notice of the damage to a person who appears to the authorised person to be an owner, or person in control, of the thing.\n(sec.240-ssec.4) However, if for any reason it is not practicable to comply with subsection (3) , the authorised person must— leave the notice at the place where the damage happened; and ensure it is left in a conspicuous position and in a reasonably secure way.\n(sec.240-ssec.5) The authorised person may delay complying with subsection (3) or (4) if the authorised person reasonably suspects complying with the subsection may frustrate or otherwise hinder the performance of the authorised person’s functions.\n(sec.240-ssec.6) The delay may be only for so long as the authorised person continues to have the reasonable suspicion and remains in the vicinity of the place.\n(sec.240-ssec.7) If the authorised person believes the damage was caused by a latent defect in the thing or circumstances beyond the control of the authorised person or the assistant, the authorised person may state the belief in the notice.\n(sec.240-ssec.8) The notice must state— particulars of the damage; and that the person who suffered the damage may claim compensation under section 241 .\n- (a) an authorised person damages something when exercising, or purporting to exercise, a power; or\n- (b) a person (the assistant ) acting under the direction or authority of an authorised person damages something.\n- (a) there is no-one apparently in possession of the thing; or\n- (b) the thing has been abandoned.\n- (a) leave the notice at the place where the damage happened; and\n- (b) ensure it is left in a conspicuous position and in a reasonably secure way.\n- (a) particulars of the damage; and\n- (b) that the person who suffered the damage may claim compensation under section 241 .","sortOrder":535},{"sectionNumber":"ch.10-pt.5-div.2","sectionType":"division","heading":"Compensation","content":"## Compensation","sortOrder":536},{"sectionNumber":"sec.241","sectionType":"section","heading":"Compensation","content":"### sec.241 Compensation\n\nA person may claim compensation from the State if the person incurs loss because of the exercise, or purported exercise, of a power by or for an authorised person including a loss arising from compliance with a requirement made of the person under this chapter.\nHowever, subsection (1) does not include loss arising from a lawful seizure.\nThe compensation may be claimed and ordered in a proceeding—\nbrought in a court with jurisdiction for the recovery of the amount of compensation claimed; or\nfor an alleged offence against this Act the investigation of which gave rise to the claim for compensation.\nA court may order the payment of compensation only if it is satisfied it is just to make the order in the circumstances of the particular case.\nIn considering whether it is just to order compensation, the court must have regard to any relevant offence committed by the claimant.\nA regulation may prescribe other matters that may, or must, be taken into account by the court when considering whether it is just to order compensation.\nSection 239 does not provide for a statutory right of compensation other than as is provided by this section.\nIn this section—\nloss includes costs and damage.\n(sec.241-ssec.1) A person may claim compensation from the State if the person incurs loss because of the exercise, or purported exercise, of a power by or for an authorised person including a loss arising from compliance with a requirement made of the person under this chapter.\n(sec.241-ssec.2) However, subsection (1) does not include loss arising from a lawful seizure.\n(sec.241-ssec.3) The compensation may be claimed and ordered in a proceeding— brought in a court with jurisdiction for the recovery of the amount of compensation claimed; or for an alleged offence against this Act the investigation of which gave rise to the claim for compensation.\n(sec.241-ssec.4) A court may order the payment of compensation only if it is satisfied it is just to make the order in the circumstances of the particular case.\n(sec.241-ssec.5) In considering whether it is just to order compensation, the court must have regard to any relevant offence committed by the claimant.\n(sec.241-ssec.6) A regulation may prescribe other matters that may, or must, be taken into account by the court when considering whether it is just to order compensation.\n(sec.241-ssec.7) Section 239 does not provide for a statutory right of compensation other than as is provided by this section.\n(sec.241-ssec.8) In this section— loss includes costs and damage.\n- (a) brought in a court with jurisdiction for the recovery of the amount of compensation claimed; or\n- (b) for an alleged offence against this Act the investigation of which gave rise to the claim for compensation.","sortOrder":537},{"sectionNumber":"ch.10-pt.5-div.3","sectionType":"division","heading":"Other offences relating to authorised persons","content":"## Other offences relating to authorised persons","sortOrder":538},{"sectionNumber":"sec.242","sectionType":"section","heading":"Giving authorised person false or misleading information","content":"### sec.242 Giving authorised person false or misleading information\n\nA person must not, in relation to the administration of this Act, give an authorised person information, or a document containing information, that the person knows is false or misleading in a material particular.\nMaximum penalty—1,665 penalty units.\nSubsection (1) applies to information or a document given in relation to the administration of this Act whether or not the information or document was given in response to a specific power under this Act.\n(sec.242-ssec.1) A person must not, in relation to the administration of this Act, give an authorised person information, or a document containing information, that the person knows is false or misleading in a material particular. Maximum penalty—1,665 penalty units.\n(sec.242-ssec.2) Subsection (1) applies to information or a document given in relation to the administration of this Act whether or not the information or document was given in response to a specific power under this Act.","sortOrder":539},{"sectionNumber":"sec.243","sectionType":"section","heading":"Obstructing authorised person","content":"### sec.243 Obstructing authorised person\n\nA person must not obstruct an authorised person, or someone helping an authorised person, exercising a power under this Act unless the person has a reasonable excuse.\nMaximum penalty—165 penalty units.\nIf a person has obstructed an authorised person, or someone helping an authorised person, and the authorised person decides to proceed with the exercise of the power, the authorised person must warn the person that—\nit is an offence to cause an obstruction unless the person has a reasonable excuse; and\nthe authorised person considers the person’s conduct an obstruction.\nIn this section—\nobstruct includes assault, hinder, resist, attempt to obstruct and threaten to obstruct.\n(sec.243-ssec.1) A person must not obstruct an authorised person, or someone helping an authorised person, exercising a power under this Act unless the person has a reasonable excuse. Maximum penalty—165 penalty units.\n(sec.243-ssec.2) If a person has obstructed an authorised person, or someone helping an authorised person, and the authorised person decides to proceed with the exercise of the power, the authorised person must warn the person that— it is an offence to cause an obstruction unless the person has a reasonable excuse; and the authorised person considers the person’s conduct an obstruction.\n(sec.243-ssec.3) In this section— obstruct includes assault, hinder, resist, attempt to obstruct and threaten to obstruct.\n- (a) it is an offence to cause an obstruction unless the person has a reasonable excuse; and\n- (b) the authorised person considers the person’s conduct an obstruction.","sortOrder":540},{"sectionNumber":"sec.244","sectionType":"section","heading":"Impersonating authorised person","content":"### sec.244 Impersonating authorised person\n\nA person must not impersonate an authorised person.\nMaximum penalty—50 penalty units.","sortOrder":541},{"sectionNumber":"ch.11-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":542},{"sectionNumber":"sec.245","sectionType":"section","heading":"Definitions for chapter","content":"### sec.245 Definitions for chapter\n\nIn this chapter—\ncompliance notice see section 248 (1) .\nprescribed provision means—\nsection 38 , 53 (2) , 54 (2) , 57 (2) or (3) , 58 (2) , 60 (2) , (4) or (6) , 61 (2) or (3) , 63 (4) , 64 (2) , 66 (2) , 67 (1) , 68 (2) , 69 (2) , 72 (1) , 72A , 72X , 72Y (2) , 72Z (2) , 73A (2) , 99GD (1) , 99GE , 99GF (2) , 99GG (3) , 99GH , 99Q (3) , 99ZB (3) , 99ZH (3) , 99ZM (1) , 101 , 103 (1) , 104 (1) , 107 (1) , 108 , 109 (1) or (2) , 112 (2) , 141 (3) , 149 (1) , 152 (2) , 158 (1) or (2) , 173K (2) , 301E or 301F ; or\na provision of chapter 4 , part 5 , division 5 ; or\na provision of a regulation prescribed for the purpose of this paragraph.\ns 245 def prescribed provision amd 2013 No. 6 s 43 ; 2014 No. 59 s 168 ; 2017 No. 31 s 30 (2) – (5) ; 2019 No. 2 s 10 ; 2021 No. 5 s 6\nshow cause notice see section 246 (2) .\ns 245 amd 2017 No. 31 s 30 (1)\n- (a) section 38 , 53 (2) , 54 (2) , 57 (2) or (3) , 58 (2) , 60 (2) , (4) or (6) , 61 (2) or (3) , 63 (4) , 64 (2) , 66 (2) , 67 (1) , 68 (2) , 69 (2) , 72 (1) , 72A , 72X , 72Y (2) , 72Z (2) , 73A (2) , 99GD (1) , 99GE , 99GF (2) , 99GG (3) , 99GH , 99Q (3) , 99ZB (3) , 99ZH (3) , 99ZM (1) , 101 , 103 (1) , 104 (1) , 107 (1) , 108 , 109 (1) or (2) , 112 (2) , 141 (3) , 149 (1) , 152 (2) , 158 (1) or (2) , 173K (2) , 301E or 301F ; or\n- (b) a provision of chapter 4 , part 5 , division 5 ; or\n- (c) a provision of a regulation prescribed for the purpose of this paragraph.","sortOrder":543},{"sectionNumber":"ch.11-pt.2","sectionType":"part","heading":"Show cause notices","content":"# Show cause notices","sortOrder":544},{"sectionNumber":"sec.246","sectionType":"section","heading":"Giving show cause notice","content":"### sec.246 Giving show cause notice\n\nThis section applies if the chief executive reasonably believes a person has contravened a prescribed provision.\nBefore giving a compliance notice about the contravention, the chief executive must give the person a notice (a show cause notice ) inviting the person to show cause why the compliance notice should not be given.\nDespite subsection (2) , the chief executive need not give a show cause notice if the chief executive reasonably considers it is not appropriate in the circumstances to give the notice.\nThe chief executive might not give a show cause notice if the chief executive considers urgent action is necessary to address a danger to public health or safety or giving the notice would be likely to adversely affect the effectiveness of the compliance notice.\n(sec.246-ssec.1) This section applies if the chief executive reasonably believes a person has contravened a prescribed provision.\n(sec.246-ssec.2) Before giving a compliance notice about the contravention, the chief executive must give the person a notice (a show cause notice ) inviting the person to show cause why the compliance notice should not be given.\n(sec.246-ssec.3) Despite subsection (2) , the chief executive need not give a show cause notice if the chief executive reasonably considers it is not appropriate in the circumstances to give the notice. The chief executive might not give a show cause notice if the chief executive considers urgent action is necessary to address a danger to public health or safety or giving the notice would be likely to adversely affect the effectiveness of the compliance notice.","sortOrder":545},{"sectionNumber":"sec.247","sectionType":"section","heading":"General requirements of show cause notice","content":"### sec.247 General requirements of show cause notice\n\nA show cause notice must—\nbe in writing; and\noutline the facts and circumstances forming the basis for the chief executive’s belief that a compliance notice should be given to the person; and\nstate that submissions may be made about the show cause notice; and\nstate how the submissions may be made; and\nstate where the submissions may be made or sent; and\nstate a period within which the submissions must be made.\nThe period stated in the notice must end at least 14 business days after the notice is given.\n(sec.247-ssec.1) A show cause notice must— be in writing; and outline the facts and circumstances forming the basis for the chief executive’s belief that a compliance notice should be given to the person; and state that submissions may be made about the show cause notice; and state how the submissions may be made; and state where the submissions may be made or sent; and state a period within which the submissions must be made.\n(sec.247-ssec.2) The period stated in the notice must end at least 14 business days after the notice is given.\n- (a) be in writing; and\n- (b) outline the facts and circumstances forming the basis for the chief executive’s belief that a compliance notice should be given to the person; and\n- (c) state that submissions may be made about the show cause notice; and\n- (d) state how the submissions may be made; and\n- (e) state where the submissions may be made or sent; and\n- (f) state a period within which the submissions must be made.","sortOrder":546},{"sectionNumber":"ch.11-pt.3","sectionType":"part","heading":"Compliance notices","content":"# Compliance notices","sortOrder":547},{"sectionNumber":"sec.248","sectionType":"section","heading":"Giving compliance notice","content":"### sec.248 Giving compliance notice\n\nIf the chief executive reasonably believes a person has contravened, or is contravening, a prescribed provision, the chief executive may give a notice (a compliance notice ) to the person requiring the person to do either or both of the following—\nto refrain from contravening the prescribed provision;\nto remedy the contravention in the way stated in the notice.\nThe compliance notice must include or be accompanied by an information notice for the decision to give the person a compliance notice.\n(sec.248-ssec.1) If the chief executive reasonably believes a person has contravened, or is contravening, a prescribed provision, the chief executive may give a notice (a compliance notice ) to the person requiring the person to do either or both of the following— to refrain from contravening the prescribed provision; to remedy the contravention in the way stated in the notice.\n(sec.248-ssec.2) The compliance notice must include or be accompanied by an information notice for the decision to give the person a compliance notice.\n- (a) to refrain from contravening the prescribed provision;\n- (b) to remedy the contravention in the way stated in the notice.","sortOrder":548},{"sectionNumber":"sec.249","sectionType":"section","heading":"Restriction on giving compliance notice","content":"### sec.249 Restriction on giving compliance notice\n\nThis section applies if the chief executive gives a person a show cause notice about a contravention of a prescribed provision.\nThe chief executive may give the person a compliance notice about the contravention only if the chief executive—\nhas considered all submissions made by the person about the show cause notice within the period stated in that notice; and\nstill believes it is appropriate to give the compliance notice.\nSubsection (4) applies if the contravention of a prescribed provision is a contravention of section 57 (2) or (3) .\nThe chief executive may give the person a compliance notice about the contravention only if the chief executive is satisfied that the waste disposal site where the weighbridge is required to be installed is not planned to be closed within 1 year after the requirement in section 57 (2) or (3) started to apply to the operator of the site.\ns 249 amd 2013 No. 6 s 44 ; 2019 No. 2 s 11\n(sec.249-ssec.1) This section applies if the chief executive gives a person a show cause notice about a contravention of a prescribed provision.\n(sec.249-ssec.2) The chief executive may give the person a compliance notice about the contravention only if the chief executive— has considered all submissions made by the person about the show cause notice within the period stated in that notice; and still believes it is appropriate to give the compliance notice.\n(sec.249-ssec.3) Subsection (4) applies if the contravention of a prescribed provision is a contravention of section 57 (2) or (3) .\n(sec.249-ssec.4) The chief executive may give the person a compliance notice about the contravention only if the chief executive is satisfied that the waste disposal site where the weighbridge is required to be installed is not planned to be closed within 1 year after the requirement in section 57 (2) or (3) started to apply to the operator of the site.\n- (a) has considered all submissions made by the person about the show cause notice within the period stated in that notice; and\n- (b) still believes it is appropriate to give the compliance notice.","sortOrder":549},{"sectionNumber":"sec.250","sectionType":"section","heading":"General requirements of compliance notices","content":"### sec.250 General requirements of compliance notices\n\nA compliance notice must state the following—\nthat the chief executive believes the person has contravened or is contravening a prescribed provision;\nthe particular prescribed provision the chief executive believes has been, or is being, contravened;\nbriefly, how it is believed the prescribed provision has been, or is being, contravened;\nif the notice requires the person to refrain from contravening the prescribed provision—either of the following—\na period for which the requirement applies;\nif the notice relates to a contravention of section 107 (1) , 108 , 109 (1) or (2) or 146 (2) —that the requirement applies until further notice;\nif the notice requires the person to remedy the contravention—the time by which the person must remedy the contravention;\nthat it is an offence to fail to comply with the compliance notice unless the person has a reasonable excuse;\nthe maximum penalty for failing to comply with the compliance notice.\nThe time under subsection (1) (e) must be reasonable having regard to the action required to remedy the contravention.\nThe notice may also state the reasonable steps the chief executive considers necessary to remedy the contravention, or avoid further contravention, of the prescribed provision.\nIf the compliance notice requires the person to do more than 1 thing, it may state different periods within which the things are required to be done.\n(sec.250-ssec.1) A compliance notice must state the following— that the chief executive believes the person has contravened or is contravening a prescribed provision; the particular prescribed provision the chief executive believes has been, or is being, contravened; briefly, how it is believed the prescribed provision has been, or is being, contravened; if the notice requires the person to refrain from contravening the prescribed provision—either of the following— a period for which the requirement applies; if the notice relates to a contravention of section 107 (1) , 108 , 109 (1) or (2) or 146 (2) —that the requirement applies until further notice; if the notice requires the person to remedy the contravention—the time by which the person must remedy the contravention; that it is an offence to fail to comply with the compliance notice unless the person has a reasonable excuse; the maximum penalty for failing to comply with the compliance notice.\n(sec.250-ssec.2) The time under subsection (1) (e) must be reasonable having regard to the action required to remedy the contravention.\n(sec.250-ssec.3) The notice may also state the reasonable steps the chief executive considers necessary to remedy the contravention, or avoid further contravention, of the prescribed provision.\n(sec.250-ssec.4) If the compliance notice requires the person to do more than 1 thing, it may state different periods within which the things are required to be done.\n- (a) that the chief executive believes the person has contravened or is contravening a prescribed provision;\n- (b) the particular prescribed provision the chief executive believes has been, or is being, contravened;\n- (c) briefly, how it is believed the prescribed provision has been, or is being, contravened;\n- (d) if the notice requires the person to refrain from contravening the prescribed provision—either of the following— (i) a period for which the requirement applies; (ii) if the notice relates to a contravention of section 107 (1) , 108 , 109 (1) or (2) or 146 (2) —that the requirement applies until further notice;\n- (i) a period for which the requirement applies;\n- (ii) if the notice relates to a contravention of section 107 (1) , 108 , 109 (1) or (2) or 146 (2) —that the requirement applies until further notice;\n- (e) if the notice requires the person to remedy the contravention—the time by which the person must remedy the contravention;\n- (f) that it is an offence to fail to comply with the compliance notice unless the person has a reasonable excuse;\n- (g) the maximum penalty for failing to comply with the compliance notice.\n- (i) a period for which the requirement applies;\n- (ii) if the notice relates to a contravention of section 107 (1) , 108 , 109 (1) or (2) or 146 (2) —that the requirement applies until further notice;","sortOrder":550},{"sectionNumber":"sec.251","sectionType":"section","heading":"Person must comply with notice","content":"### sec.251 Person must comply with notice\n\nA person who is given a compliance notice must comply with the notice unless the person has a reasonable excuse.\nMaximum penalty—\nif the compliance notice relates to a contravention of section 107 (1) , 108 , or 109(1) or (2)—40 penalty units; or\nif the compliance notice relates to a contravention of section 58 (2) or (3) —200 penalty units; or\notherwise—300 penalty units.\ns 251 amd 2013 No. 6 s 45 ; 2019 No. 2 s 12\n- (a) if the compliance notice relates to a contravention of section 107 (1) , 108 , or 109(1) or (2)—40 penalty units; or\n- (b) if the compliance notice relates to a contravention of section 58 (2) or (3) —200 penalty units; or\n- (c) otherwise—300 penalty units.","sortOrder":551},{"sectionNumber":"ch.12-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":552},{"sectionNumber":"sec.252","sectionType":"section","heading":"Definitions for ch 12","content":"### sec.252 Definitions for ch 12\n\nIn this chapter—\nrecipient see section 253 (1) .\nwaste audit see section 253 (1) .\nwaste report see section 253 (1) .","sortOrder":553},{"sectionNumber":"ch.12-pt.2","sectionType":"part","heading":"Chief executive may require conduct of waste audits","content":"# Chief executive may require conduct of waste audits","sortOrder":554},{"sectionNumber":"sec.253","sectionType":"section","heading":"When waste audit required","content":"### sec.253 When waste audit required\n\nIf the chief executive reasonably suspects that a person is contravening or has contravened a prescribed provision, the chief executive may give the person (the recipient ) a notice requiring the person to commission an audit of the matter (a waste audit ), and to give a report (a waste report ) on the audit to the chief executive, under this chapter.\nThe notice must—\nstate the grounds on which the requirement is made; and\noutline the facts and circumstances forming the basis for the grounds; and\nstate the scope of the waste audit; and\nstate the day (at least a reasonable period after the notice is given) by which the recipient must give the waste report to the chief executive.\nThe notice must include or be accompanied by an information notice for the decision to give the notice.\nIn this section—\nprescribed provision means section 56 (2) , 57 (2) or (3) , 58 (2) , 60 (2) , (4) or (6) , 61 (2) or (3) , 67 (1) , 68 (2) , 69 (2) , 72 (1) , 72A , 72X , 72Y (2) , 72Z (2) , 73A (2) , 73B (1) or (2) , 101 , 104 , 301E or 301F .\ns 253 amd 2013 No. 6 s 46 ; 2019 No. 2 s 13\n(sec.253-ssec.1) If the chief executive reasonably suspects that a person is contravening or has contravened a prescribed provision, the chief executive may give the person (the recipient ) a notice requiring the person to commission an audit of the matter (a waste audit ), and to give a report (a waste report ) on the audit to the chief executive, under this chapter.\n(sec.253-ssec.2) The notice must— state the grounds on which the requirement is made; and outline the facts and circumstances forming the basis for the grounds; and state the scope of the waste audit; and state the day (at least a reasonable period after the notice is given) by which the recipient must give the waste report to the chief executive.\n(sec.253-ssec.3) The notice must include or be accompanied by an information notice for the decision to give the notice.\n(sec.253-ssec.4) In this section— prescribed provision means section 56 (2) , 57 (2) or (3) , 58 (2) , 60 (2) , (4) or (6) , 61 (2) or (3) , 67 (1) , 68 (2) , 69 (2) , 72 (1) , 72A , 72X , 72Y (2) , 72Z (2) , 73A (2) , 73B (1) or (2) , 101 , 104 , 301E or 301F .\n- (a) state the grounds on which the requirement is made; and\n- (b) outline the facts and circumstances forming the basis for the grounds; and\n- (c) state the scope of the waste audit; and\n- (d) state the day (at least a reasonable period after the notice is given) by which the recipient must give the waste report to the chief executive.","sortOrder":555},{"sectionNumber":"sec.254","sectionType":"section","heading":"Recipient must comply with notice","content":"### sec.254 Recipient must comply with notice\n\nThe recipient must comply with the notice unless the recipient has a reasonable excuse.\nMaximum penalty—300 penalty units.","sortOrder":556},{"sectionNumber":"ch.12-pt.3","sectionType":"part","heading":"Other provisions","content":"# Other provisions","sortOrder":557},{"sectionNumber":"sec.255","sectionType":"section","heading":"Who may conduct waste audit","content":"### sec.255 Who may conduct waste audit\n\nThe recipient must commission a suitably qualified person to conduct the waste audit.\nThe person commissioned by the recipient must be independent of the recipient and of the premises to which the waste audit relates.\nIn this section—\nsuitably qualified person , in relation to the conduct of a waste audit, means a person who has the qualifications and experience appropriate for conducting the audit.\n(sec.255-ssec.1) The recipient must commission a suitably qualified person to conduct the waste audit.\n(sec.255-ssec.2) The person commissioned by the recipient must be independent of the recipient and of the premises to which the waste audit relates.\n(sec.255-ssec.3) In this section— suitably qualified person , in relation to the conduct of a waste audit, means a person who has the qualifications and experience appropriate for conducting the audit.","sortOrder":558},{"sectionNumber":"sec.256","sectionType":"section","heading":"Declarations to accompany waste report","content":"### sec.256 Declarations to accompany waste report\n\nA waste report given to the chief executive must be accompanied by a statutory declaration by the recipient and the person who carried out the waste audit.\nThe recipient’s declaration must be made—\nif the recipient is an individual—by the recipient; or\nif the recipient is a corporation—by an executive officer of the corporation acting on the corporation’s behalf.\nThe recipient’s declaration must state that the recipient—\nhas not knowingly given any false or misleading information to the person who carried out the waste audit; and\nhas given all relevant information to the person who carried out the waste audit.\nA declaration by the person who carried out the waste audit must—\nstate his or her qualifications and experience relevant to the audit; and\nstate that he or she has not knowingly included any false, misleading or incomplete information in the report; and\nstate that he or she has not knowingly failed to reveal any relevant information or document to the chief executive; and\ncertify that—\nthe report addresses the relevant matters for the audit and is factually correct; and\nthe opinions expressed in it are honestly and reasonably held.\n(sec.256-ssec.1) A waste report given to the chief executive must be accompanied by a statutory declaration by the recipient and the person who carried out the waste audit.\n(sec.256-ssec.2) The recipient’s declaration must be made— if the recipient is an individual—by the recipient; or if the recipient is a corporation—by an executive officer of the corporation acting on the corporation’s behalf.\n(sec.256-ssec.3) The recipient’s declaration must state that the recipient— has not knowingly given any false or misleading information to the person who carried out the waste audit; and has given all relevant information to the person who carried out the waste audit.\n(sec.256-ssec.4) A declaration by the person who carried out the waste audit must— state his or her qualifications and experience relevant to the audit; and state that he or she has not knowingly included any false, misleading or incomplete information in the report; and state that he or she has not knowingly failed to reveal any relevant information or document to the chief executive; and certify that— the report addresses the relevant matters for the audit and is factually correct; and the opinions expressed in it are honestly and reasonably held.\n- (a) if the recipient is an individual—by the recipient; or\n- (b) if the recipient is a corporation—by an executive officer of the corporation acting on the corporation’s behalf.\n- (a) has not knowingly given any false or misleading information to the person who carried out the waste audit; and\n- (b) has given all relevant information to the person who carried out the waste audit.\n- (a) state his or her qualifications and experience relevant to the audit; and\n- (b) state that he or she has not knowingly included any false, misleading or incomplete information in the report; and\n- (c) state that he or she has not knowingly failed to reveal any relevant information or document to the chief executive; and\n- (d) certify that— (i) the report addresses the relevant matters for the audit and is factually correct; and (ii) the opinions expressed in it are honestly and reasonably held.\n- (i) the report addresses the relevant matters for the audit and is factually correct; and\n- (ii) the opinions expressed in it are honestly and reasonably held.\n- (i) the report addresses the relevant matters for the audit and is factually correct; and\n- (ii) the opinions expressed in it are honestly and reasonably held.","sortOrder":559},{"sectionNumber":"sec.257","sectionType":"section","heading":"Costs of waste audit and report","content":"### sec.257 Costs of waste audit and report\n\nThe recipient must bear the costs of commissioning a waste audit and of the waste report.","sortOrder":560},{"sectionNumber":"ch.15-pt.1","sectionType":"part","heading":"Transitional provisions relating to approvals under the Environmental Protection (Waste Management) Regulation 2000","content":"# Transitional provisions relating to approvals under the Environmental Protection (Waste Management) Regulation 2000","sortOrder":561},{"sectionNumber":"sec.272","sectionType":"section","heading":"Interpretation for pt 1","content":"### sec.272 Interpretation for pt 1\n\nIn this part—\ncommencement means the commencement of this part.\nEnvironmental Protection Act means the Environmental Protection Act 1994 as in force before the commencement.\nexisting approval means an existing general approval or an existing specific approval.\nexisting general approval means a general approval under the repealed provision in force immediately before the commencement.\nexisting specific approval means a specific approval under the repealed provision in force immediately before the commencement.\nrepealed provision means the Environmental Protection (Waste Management) Regulation 2000 , part 6A , as in force before the commencement.\nIn this part, a reference to the Environmental Protection Act in relation to a right of review or appeal includes, if the context permits, a reference to the Environmental Protection (Waste Management) Regulation 2000 , part 7 , division 3 , as in force before the commencement.\n(sec.272-ssec.1) In this part— commencement means the commencement of this part. Environmental Protection Act means the Environmental Protection Act 1994 as in force before the commencement. existing approval means an existing general approval or an existing specific approval. existing general approval means a general approval under the repealed provision in force immediately before the commencement. existing specific approval means a specific approval under the repealed provision in force immediately before the commencement. repealed provision means the Environmental Protection (Waste Management) Regulation 2000 , part 6A , as in force before the commencement.\n(sec.272-ssec.2) In this part, a reference to the Environmental Protection Act in relation to a right of review or appeal includes, if the context permits, a reference to the Environmental Protection (Waste Management) Regulation 2000 , part 7 , division 3 , as in force before the commencement.","sortOrder":562},{"sectionNumber":"sec.273","sectionType":"section","heading":"Matters relating to existing approvals","content":"### sec.273 Matters relating to existing approvals\n\nOn the commencement an existing approval is taken to be an approval of the same type granted under chapter 8 of this Act.\nSubject to this Act, the existing approval remains in force for the remaining period of the approval.\nSubsection (4) applies in relation to any transfer, amendment, cancellation or suspension of an existing approval (the relevant action ) the process for which has commenced but has not been finalised under the repealed provision immediately before the commencement.\nThe relevant action may continue under the repealed provision as if this Act had not been enacted and the result of the relevant action applies to an existing approval as an approval under chapter 8 of this Act.\nHowever, the review and appeal rights relating to the relevant action under the Environmental Protection Act continue to apply as if this Act had not been enacted.\n(sec.273-ssec.1) On the commencement an existing approval is taken to be an approval of the same type granted under chapter 8 of this Act.\n(sec.273-ssec.2) Subject to this Act, the existing approval remains in force for the remaining period of the approval.\n(sec.273-ssec.3) Subsection (4) applies in relation to any transfer, amendment, cancellation or suspension of an existing approval (the relevant action ) the process for which has commenced but has not been finalised under the repealed provision immediately before the commencement.\n(sec.273-ssec.4) The relevant action may continue under the repealed provision as if this Act had not been enacted and the result of the relevant action applies to an existing approval as an approval under chapter 8 of this Act.\n(sec.273-ssec.5) However, the review and appeal rights relating to the relevant action under the Environmental Protection Act continue to apply as if this Act had not been enacted.","sortOrder":563},{"sectionNumber":"sec.274","sectionType":"section","heading":"Applications for approvals made before the commencement","content":"### sec.274 Applications for approvals made before the commencement\n\nThis section applies to an application for an approval made under the repealed provision, but not finally dealt with, before the commencement.\nThe application may continue to be dealt with under the repealed provision as if this Act had not been enacted.\nIf the approval is granted, it is taken to be an approval of the same type granted under chapter 8 of this Act.\nThe review and appeal rights relating to the application, or an approval granted on the application, under the Environmental Protection Act continue to apply as if this Act had not been enacted.\n(sec.274-ssec.1) This section applies to an application for an approval made under the repealed provision, but not finally dealt with, before the commencement.\n(sec.274-ssec.2) The application may continue to be dealt with under the repealed provision as if this Act had not been enacted.\n(sec.274-ssec.3) If the approval is granted, it is taken to be an approval of the same type granted under chapter 8 of this Act.\n(sec.274-ssec.4) The review and appeal rights relating to the application, or an approval granted on the application, under the Environmental Protection Act continue to apply as if this Act had not been enacted.","sortOrder":564},{"sectionNumber":"sec.275","sectionType":"section","heading":"Reviews and appeals","content":"### sec.275 Reviews and appeals\n\nA review or appeal under the Environmental Protection Act relating to a matter under the repealed provision that has started but not been finalised before the commencement may continue as if this Act had not been enacted.\nA right of appeal under the Environmental Protection Act relating to a decision on a review mentioned in subsection (1) continues as if this Act had not been enacted.\nIf, immediately before the commencement, a person has a right of review or appeal under the Environmental Protection Act relating to a matter under the repealed provision, the right continues as if this Act had not been enacted.\nOn a review or appeal mentioned in this part the reviewer or court may make any order necessary or convenient to be made to assist the transition of an approval under the repealed provision as an approval under chapter 8 of this Act.\n(sec.275-ssec.1) A review or appeal under the Environmental Protection Act relating to a matter under the repealed provision that has started but not been finalised before the commencement may continue as if this Act had not been enacted.\n(sec.275-ssec.2) A right of appeal under the Environmental Protection Act relating to a decision on a review mentioned in subsection (1) continues as if this Act had not been enacted.\n(sec.275-ssec.3) If, immediately before the commencement, a person has a right of review or appeal under the Environmental Protection Act relating to a matter under the repealed provision, the right continues as if this Act had not been enacted.\n(sec.275-ssec.4) On a review or appeal mentioned in this part the reviewer or court may make any order necessary or convenient to be made to assist the transition of an approval under the repealed provision as an approval under chapter 8 of this Act.","sortOrder":565},{"sectionNumber":"sec.276","sectionType":"section","heading":"Offences","content":"### sec.276 Offences\n\nProceedings for an offence against the repealed provision may be continued or started and the provisions of the Environmental Protection Act necessary or convenient to be used in relation to the proceedings continue to apply as if this Act had not been enacted.\nFor subsection (1), the Acts Interpretation Act 1954 , section 20 , applies, but does not limit the subsection.\n(sec.276-ssec.1) Proceedings for an offence against the repealed provision may be continued or started and the provisions of the Environmental Protection Act necessary or convenient to be used in relation to the proceedings continue to apply as if this Act had not been enacted.\n(sec.276-ssec.2) For subsection (1), the Acts Interpretation Act 1954 , section 20 , applies, but does not limit the subsection.","sortOrder":566},{"sectionNumber":"ch.15-pt.2","sectionType":"part","heading":"Discounted levy for residue waste disposal until 30 June 2014","content":"# Discounted levy for residue waste disposal until 30 June 2014","sortOrder":567},{"sectionNumber":"sec.277","sectionType":"section","heading":"Definition for pt 2","content":"### sec.277 Definition for pt 2\n\nIn this part—\nresidue waste means the waste from a recycling activity that is commonly disposed of to landfill after the recoverable components have been removed from material.\nIn metal recycling, the residue waste is the mainly non-metal component that results from recycling products such as motor vehicles, whitegoods, televisions and computers that have reached the end of their useful life.","sortOrder":568},{"sectionNumber":"sec.278","sectionType":"section","heading":"Application for discounting of waste levy amount","content":"### sec.278 Application for discounting of waste levy amount\n\nA person who conducts a recycling activity may make an application (a residue waste discounting application ) asking the chief executive to approve a discounted rate for the waste levy to residue waste identified in the application.\nThe application must be—\nin the approved form; and\nsupported by enough information to allow the chief executive to decide the application; and\naccompanied by the fee prescribed under a regulation.\nThis section does not limit section 38 (4) .\n(sec.278-ssec.1) A person who conducts a recycling activity may make an application (a residue waste discounting application ) asking the chief executive to approve a discounted rate for the waste levy to residue waste identified in the application.\n(sec.278-ssec.2) The application must be— in the approved form; and supported by enough information to allow the chief executive to decide the application; and accompanied by the fee prescribed under a regulation.\n(sec.278-ssec.3) This section does not limit section 38 (4) .\n- (a) in the approved form; and\n- (b) supported by enough information to allow the chief executive to decide the application; and\n- (c) accompanied by the fee prescribed under a regulation.","sortOrder":569},{"sectionNumber":"sec.279","sectionType":"section","heading":"Chief executive may require additional information","content":"### sec.279 Chief executive may require additional information\n\nThe chief executive may, by notice given to the applicant within 10 business days after receiving the application, require the applicant under a residue waste discounting application to give the chief executive further reasonable information or documents about the application by a reasonable date stated in the notice.\nThe chief executive may refuse the application if the applicant does not give the chief executive the further information or documents by the stated date, or a later date agreed between the chief executive and the applicant, without reasonable excuse.\nThe applicant may, before the stated date, agree with the chief executive about extending the time for providing the further information.\n(sec.279-ssec.1) The chief executive may, by notice given to the applicant within 10 business days after receiving the application, require the applicant under a residue waste discounting application to give the chief executive further reasonable information or documents about the application by a reasonable date stated in the notice.\n(sec.279-ssec.2) The chief executive may refuse the application if the applicant does not give the chief executive the further information or documents by the stated date, or a later date agreed between the chief executive and the applicant, without reasonable excuse.\n(sec.279-ssec.3) The applicant may, before the stated date, agree with the chief executive about extending the time for providing the further information.","sortOrder":570},{"sectionNumber":"sec.280","sectionType":"section","heading":"Deciding application","content":"### sec.280 Deciding application\n\nThe chief executive must decide either to grant or refuse the application within 10 business days after the later of the following days—\nthe day the chief executive receives the application;\nif additional information is requested under section 279 —the day the chief executive receives the information.\nA failure to make a decision under this section is taken to be a decision by the chief executive to refuse the application.\nIn deciding whether to grant the application, the chief executive must consider the following—\nthe objects of this Act;\nthe information included in the application;\nany criteria prescribed under a regulation (the residue waste discounted levy rate criteria ).\nThe residue waste discounted levy rate criteria must include, for each type of residue waste, a residue waste efficiency threshold requirement to be met by the applicant.\n(sec.280-ssec.1) The chief executive must decide either to grant or refuse the application within 10 business days after the later of the following days— the day the chief executive receives the application; if additional information is requested under section 279 —the day the chief executive receives the information.\n(sec.280-ssec.2) A failure to make a decision under this section is taken to be a decision by the chief executive to refuse the application.\n(sec.280-ssec.3) In deciding whether to grant the application, the chief executive must consider the following— the objects of this Act; the information included in the application; any criteria prescribed under a regulation (the residue waste discounted levy rate criteria ).\n(sec.280-ssec.4) The residue waste discounted levy rate criteria must include, for each type of residue waste, a residue waste efficiency threshold requirement to be met by the applicant.\n- (a) the day the chief executive receives the application;\n- (b) if additional information is requested under section 279 —the day the chief executive receives the information.\n- (a) the objects of this Act;\n- (b) the information included in the application;\n- (c) any criteria prescribed under a regulation (the residue waste discounted levy rate criteria ).","sortOrder":571},{"sectionNumber":"sec.281","sectionType":"section","heading":"Grant of application","content":"### sec.281 Grant of application\n\nIf the chief executive grants the application, the chief executive must, within 5 business days, give the applicant notice of the grant stating the following—\nthe application has been granted;\nthe discounted rate of waste levy that is to apply to the residue waste the subject of the application, which must be the discounted rate prescribed under a regulation for the residue waste;\nthe period of the approval, which must not exceed 1 year and must not apply after 30 June 2014;\nany conditions imposed on the approval.\nAlso, if the chief executive imposes any conditions on the approval, the notice must include or be accompanied by an information notice for the decision to impose the conditions.\nHowever, subsection (2) does not apply to a condition that is the same, or substantially the same, as a condition agreed to or asked for by the applicant.\n(sec.281-ssec.1) If the chief executive grants the application, the chief executive must, within 5 business days, give the applicant notice of the grant stating the following— the application has been granted; the discounted rate of waste levy that is to apply to the residue waste the subject of the application, which must be the discounted rate prescribed under a regulation for the residue waste; the period of the approval, which must not exceed 1 year and must not apply after 30 June 2014; any conditions imposed on the approval.\n(sec.281-ssec.2) Also, if the chief executive imposes any conditions on the approval, the notice must include or be accompanied by an information notice for the decision to impose the conditions.\n(sec.281-ssec.3) However, subsection (2) does not apply to a condition that is the same, or substantially the same, as a condition agreed to or asked for by the applicant.\n- (a) the application has been granted;\n- (b) the discounted rate of waste levy that is to apply to the residue waste the subject of the application, which must be the discounted rate prescribed under a regulation for the residue waste;\n- (c) the period of the approval, which must not exceed 1 year and must not apply after 30 June 2014;\n- (d) any conditions imposed on the approval.","sortOrder":572},{"sectionNumber":"sec.282","sectionType":"section","heading":"Refusal of application","content":"### sec.282 Refusal of application\n\nIf the chief executive decides to refuse the application, the chief executive must, within 5 business days, give the applicant an information notice for the decision.","sortOrder":573},{"sectionNumber":"sec.283","sectionType":"section","heading":"Cancellation of grant","content":"### sec.283 Cancellation of grant\n\nThis section applies if the chief executive has granted a residue waste discounting application.\nThe chief executive may cancel the grant of the application if the chief executive considers there are reasonable grounds to cancel it.\nWithout limiting subsection (2) , grounds may include—\nthat there is a reasonable suspicion that the application was granted because of a false or misleading representation or declaration; or\nthat the circumstances that were relevant to the granting of the application have changed; or\nthat the conditions included in the granting of the application have not been complied with; or\nthat it is desirable to cancel the grant having regard to the objects of this Act.\n(sec.283-ssec.1) This section applies if the chief executive has granted a residue waste discounting application.\n(sec.283-ssec.2) The chief executive may cancel the grant of the application if the chief executive considers there are reasonable grounds to cancel it.\n(sec.283-ssec.3) Without limiting subsection (2) , grounds may include— that there is a reasonable suspicion that the application was granted because of a false or misleading representation or declaration; or that the circumstances that were relevant to the granting of the application have changed; or that the conditions included in the granting of the application have not been complied with; or that it is desirable to cancel the grant having regard to the objects of this Act.\n- (a) that there is a reasonable suspicion that the application was granted because of a false or misleading representation or declaration; or\n- (b) that the circumstances that were relevant to the granting of the application have changed; or\n- (c) that the conditions included in the granting of the application have not been complied with; or\n- (d) that it is desirable to cancel the grant having regard to the objects of this Act.","sortOrder":574},{"sectionNumber":"sec.284","sectionType":"section","heading":"Procedure for cancelling grant of residue waste discounting application","content":"### sec.284 Procedure for cancelling grant of residue waste discounting application\n\nThis section applies if the chief executive proposes to cancel the grant of a residue waste discounting application.\nThe chief executive must give notice to the holder of the grant.\nThe notice must state the following—\nthat the chief executive proposes to cancel the grant of the application;\nthe grounds for the proposed cancellation;\nthe facts and circumstances that form the basis for the grounds;\nwhen the proposed cancellation is intended to take effect;\nthat the holder may make, within a stated period, written submissions to show why the proposed cancellation should not be carried out.\nThe stated period must end at least 15 business days after the holder is given the notice.\nThe chief executive must consider any submissions made under subsection (3) (e) within the stated period.\nIf the chief executive decides to cancel the grant of the application, the chief executive must, within 10 business days after making the decision, give the holder of the grant an information notice for the decision.\nThe decision takes effect when the information notice is given.\n(sec.284-ssec.1) This section applies if the chief executive proposes to cancel the grant of a residue waste discounting application.\n(sec.284-ssec.2) The chief executive must give notice to the holder of the grant.\n(sec.284-ssec.3) The notice must state the following— that the chief executive proposes to cancel the grant of the application; the grounds for the proposed cancellation; the facts and circumstances that form the basis for the grounds; when the proposed cancellation is intended to take effect; that the holder may make, within a stated period, written submissions to show why the proposed cancellation should not be carried out.\n(sec.284-ssec.4) The stated period must end at least 15 business days after the holder is given the notice.\n(sec.284-ssec.5) The chief executive must consider any submissions made under subsection (3) (e) within the stated period.\n(sec.284-ssec.6) If the chief executive decides to cancel the grant of the application, the chief executive must, within 10 business days after making the decision, give the holder of the grant an information notice for the decision.\n(sec.284-ssec.7) The decision takes effect when the information notice is given.\n- (a) that the chief executive proposes to cancel the grant of the application;\n- (b) the grounds for the proposed cancellation;\n- (c) the facts and circumstances that form the basis for the grounds;\n- (d) when the proposed cancellation is intended to take effect;\n- (e) that the holder may make, within a stated period, written submissions to show why the proposed cancellation should not be carried out.","sortOrder":575},{"sectionNumber":"sec.285","sectionType":"section","heading":"Automatic cancellation of grant","content":"### sec.285 Automatic cancellation of grant\n\nThe grant of a residue waste discounting application is automatically cancelled if the business of conducting a recycling activity that was relevant to the application ceases to be in the grant holder’s ownership, including, for example, because the business is transferred into the ownership of another entity.","sortOrder":576},{"sectionNumber":"ch.15-pt.3","sectionType":"part","heading":"Exemption from waste levy for residue waste until 30 June 2014","content":"# Exemption from waste levy for residue waste until 30 June 2014","sortOrder":577},{"sectionNumber":"sec.286","sectionType":"section","heading":"Definition for pt 3","content":"### sec.286 Definition for pt 3\n\nIn this part—\ntransition period means the period starting on 1 December 2011 and ending on 30 June 2014.","sortOrder":578},{"sectionNumber":"sec.287","sectionType":"section","heading":"Application for approval of residue waste as exempt waste for transition period","content":"### sec.287 Application for approval of residue waste as exempt waste for transition period\n\nAn entity that conducts a recycling activity may, not later than 30 June 2012, make an application (a transition period exempt residue waste application ) to the chief executive asking the chief executive to approve that residue waste identified in the application is exempt waste in the transition period.\nA transition period exempt residue waste application must be an application for an approval having effect for a period ending not later than 30 June 2014.\nThe application must—\nbe in the approved form; and\nstate the name, location and activities of the applicant’s facilities that produce residue waste; and\nstate the amount and type of residue waste the subject of the application that is expected to be produced in the period for which the approval is to have effect; and\ninclude information that shows the following—\nconduct of a recycling activity by the applicant on or before 1 December 2011;\nthat the applicant meets any residue waste efficiency threshold requirements under the residue waste discounted levy rate criteria;\nthat payment of the waste levy on the residue waste, even at the discounted rate available under part 2 , would cause the applicant financial hardship to an extent that would stop its business from operating;\nthe applicant has put measures in place to progressively minimise the amount of its residue waste generation.\n(sec.287-ssec.1) An entity that conducts a recycling activity may, not later than 30 June 2012, make an application (a transition period exempt residue waste application ) to the chief executive asking the chief executive to approve that residue waste identified in the application is exempt waste in the transition period.\n(sec.287-ssec.2) A transition period exempt residue waste application must be an application for an approval having effect for a period ending not later than 30 June 2014.\n(sec.287-ssec.3) The application must— be in the approved form; and state the name, location and activities of the applicant’s facilities that produce residue waste; and state the amount and type of residue waste the subject of the application that is expected to be produced in the period for which the approval is to have effect; and include information that shows the following— conduct of a recycling activity by the applicant on or before 1 December 2011; that the applicant meets any residue waste efficiency threshold requirements under the residue waste discounted levy rate criteria; that payment of the waste levy on the residue waste, even at the discounted rate available under part 2 , would cause the applicant financial hardship to an extent that would stop its business from operating; the applicant has put measures in place to progressively minimise the amount of its residue waste generation.\n- (a) be in the approved form; and\n- (b) state the name, location and activities of the applicant’s facilities that produce residue waste; and\n- (c) state the amount and type of residue waste the subject of the application that is expected to be produced in the period for which the approval is to have effect; and\n- (d) include information that shows the following— (i) conduct of a recycling activity by the applicant on or before 1 December 2011; (ii) that the applicant meets any residue waste efficiency threshold requirements under the residue waste discounted levy rate criteria; (iii) that payment of the waste levy on the residue waste, even at the discounted rate available under part 2 , would cause the applicant financial hardship to an extent that would stop its business from operating; (iv) the applicant has put measures in place to progressively minimise the amount of its residue waste generation.\n- (i) conduct of a recycling activity by the applicant on or before 1 December 2011;\n- (ii) that the applicant meets any residue waste efficiency threshold requirements under the residue waste discounted levy rate criteria;\n- (iii) that payment of the waste levy on the residue waste, even at the discounted rate available under part 2 , would cause the applicant financial hardship to an extent that would stop its business from operating;\n- (iv) the applicant has put measures in place to progressively minimise the amount of its residue waste generation.\n- (i) conduct of a recycling activity by the applicant on or before 1 December 2011;\n- (ii) that the applicant meets any residue waste efficiency threshold requirements under the residue waste discounted levy rate criteria;\n- (iii) that payment of the waste levy on the residue waste, even at the discounted rate available under part 2 , would cause the applicant financial hardship to an extent that would stop its business from operating;\n- (iv) the applicant has put measures in place to progressively minimise the amount of its residue waste generation.","sortOrder":579},{"sectionNumber":"sec.288","sectionType":"section","heading":"Chief executive may require additional information","content":"### sec.288 Chief executive may require additional information\n\nThe chief executive may, by notice, require the applicant to give the chief executive further reasonable information or documents about the application.\nThe chief executive may refuse the application if the applicant does not give the chief executive the further information or documents, without reasonable excuse.\n(sec.288-ssec.1) The chief executive may, by notice, require the applicant to give the chief executive further reasonable information or documents about the application.\n(sec.288-ssec.2) The chief executive may refuse the application if the applicant does not give the chief executive the further information or documents, without reasonable excuse.","sortOrder":580},{"sectionNumber":"sec.289","sectionType":"section","heading":"Deciding application","content":"### sec.289 Deciding application\n\nThe chief executive must decide either to grant or refuse the application within a time that is reasonable in the circumstances.\nA failure to make a decision under this section is taken to be a decision by the chief executive to refuse the application.\nIn deciding whether to grant the application, the chief executive must consider the following—\nthe objects of this Act;\nthe information included in the application;\nwhether adequate measures have been put in place to progressively minimise the amount of the applicant’s residue waste generation.\nAlso, the chief executive may consult with any expert reference group or other entity the chief executive considers suitable to provide advice in relation to financial hardship.\nIn deciding to grant the application, the chief executive must be satisfied of the following—\nconduct of a recycling activity by the applicant on or before 1 December 2011;\nthat the applicant meets any residue waste efficiency threshold requirements under the residue waste discounted levy rate criteria;\nthat payment of the waste levy on the residue waste, even at the discounted rate available under part 2 , would cause the applicant financial hardship to an extent that would stop its business from operating.\n(sec.289-ssec.1) The chief executive must decide either to grant or refuse the application within a time that is reasonable in the circumstances.\n(sec.289-ssec.2) A failure to make a decision under this section is taken to be a decision by the chief executive to refuse the application.\n(sec.289-ssec.3) In deciding whether to grant the application, the chief executive must consider the following— the objects of this Act; the information included in the application; whether adequate measures have been put in place to progressively minimise the amount of the applicant’s residue waste generation.\n(sec.289-ssec.4) Also, the chief executive may consult with any expert reference group or other entity the chief executive considers suitable to provide advice in relation to financial hardship.\n(sec.289-ssec.5) In deciding to grant the application, the chief executive must be satisfied of the following— conduct of a recycling activity by the applicant on or before 1 December 2011; that the applicant meets any residue waste efficiency threshold requirements under the residue waste discounted levy rate criteria; that payment of the waste levy on the residue waste, even at the discounted rate available under part 2 , would cause the applicant financial hardship to an extent that would stop its business from operating.\n- (a) the objects of this Act;\n- (b) the information included in the application;\n- (c) whether adequate measures have been put in place to progressively minimise the amount of the applicant’s residue waste generation.\n- (a) conduct of a recycling activity by the applicant on or before 1 December 2011;\n- (b) that the applicant meets any residue waste efficiency threshold requirements under the residue waste discounted levy rate criteria;\n- (c) that payment of the waste levy on the residue waste, even at the discounted rate available under part 2 , would cause the applicant financial hardship to an extent that would stop its business from operating.","sortOrder":581},{"sectionNumber":"sec.290","sectionType":"section","heading":"Grant of application","content":"### sec.290 Grant of application\n\nIf the chief executive grants the application, the chief executive must give the applicant notice of the grant stating the following—\nthe application has been granted;\nthe period, which must end on or before the end of the transition period, for which the residue waste identified in the application is approved to be exempt waste;\nany conditions imposed on the approval including any limits on the types and amounts of residue waste that may be disposed of as exempt waste in the period mentioned in paragraph (b) .\nAlso, if the chief executive imposes any conditions on the approval, the notice must include or be accompanied by an information notice for the decision to impose the conditions.\nHowever, subsection (2) does not apply to a condition that is the same, or substantially the same, as a condition agreed to or asked for by the applicant.\n(sec.290-ssec.1) If the chief executive grants the application, the chief executive must give the applicant notice of the grant stating the following— the application has been granted; the period, which must end on or before the end of the transition period, for which the residue waste identified in the application is approved to be exempt waste; any conditions imposed on the approval including any limits on the types and amounts of residue waste that may be disposed of as exempt waste in the period mentioned in paragraph (b) .\n(sec.290-ssec.2) Also, if the chief executive imposes any conditions on the approval, the notice must include or be accompanied by an information notice for the decision to impose the conditions.\n(sec.290-ssec.3) However, subsection (2) does not apply to a condition that is the same, or substantially the same, as a condition agreed to or asked for by the applicant.\n- (a) the application has been granted;\n- (b) the period, which must end on or before the end of the transition period, for which the residue waste identified in the application is approved to be exempt waste;\n- (c) any conditions imposed on the approval including any limits on the types and amounts of residue waste that may be disposed of as exempt waste in the period mentioned in paragraph (b) .","sortOrder":582},{"sectionNumber":"sec.291","sectionType":"section","heading":"Refusal of application","content":"### sec.291 Refusal of application\n\nIf the chief executive decides to refuse the application, the chief executive must give the applicant an information notice for the decision.","sortOrder":583},{"sectionNumber":"sec.292","sectionType":"section","heading":"Cancellation of grant","content":"### sec.292 Cancellation of grant\n\nThis section applies if the chief executive has granted a transition period exempt residue waste application.\nThe chief executive may cancel the grant of the application if the chief executive considers there are reasonable grounds to cancel it.\nWithout limiting subsection (2) , grounds may include—\nthat there is a reasonable suspicion that the application was granted because of a false or misleading representation or declaration; or\nthat the circumstances that were relevant to the granting of the application have changed; or\nthat the limits or conditions included in the granting of the application have not been complied with; or\nthat it is desirable to cancel the grant having regard to the objects of the Act .\n(sec.292-ssec.1) This section applies if the chief executive has granted a transition period exempt residue waste application.\n(sec.292-ssec.2) The chief executive may cancel the grant of the application if the chief executive considers there are reasonable grounds to cancel it.\n(sec.292-ssec.3) Without limiting subsection (2) , grounds may include— that there is a reasonable suspicion that the application was granted because of a false or misleading representation or declaration; or that the circumstances that were relevant to the granting of the application have changed; or that the limits or conditions included in the granting of the application have not been complied with; or that it is desirable to cancel the grant having regard to the objects of the Act .\n- (a) that there is a reasonable suspicion that the application was granted because of a false or misleading representation or declaration; or\n- (b) that the circumstances that were relevant to the granting of the application have changed; or\n- (c) that the limits or conditions included in the granting of the application have not been complied with; or\n- (d) that it is desirable to cancel the grant having regard to the objects of the Act .","sortOrder":584},{"sectionNumber":"sec.293","sectionType":"section","heading":"Procedure for cancelling grant of transition period exempt waste application","content":"### sec.293 Procedure for cancelling grant of transition period exempt waste application\n\nThis section applies if the chief executive proposes to cancel the grant of a transition period exempt residue waste application.\nThe chief executive must give notice to the holder of the grant.\nThe notice must state the following—\nthat the chief executive proposes to cancel the grant of the application;\nthe grounds for the proposed cancellation;\nthe facts and circumstances that form the basis for the grounds;\nwhen the proposed cancellation is intended to take effect;\nthat the holder may make, within a stated period, written submissions to show why the proposed cancellation should not be taken.\nThe stated period must end at least 15 business days after the holder is given the notice.\nThe chief executive must consider any submissions made under subsection (3) (e) within the stated period.\nIf the chief executive decides to cancel the grant of the application, the chief executive must, within 10 business days after making the decision give the holder of the grant an information notice for the decision.\nThe decision takes effect when the information notice is given.\n(sec.293-ssec.1) This section applies if the chief executive proposes to cancel the grant of a transition period exempt residue waste application.\n(sec.293-ssec.2) The chief executive must give notice to the holder of the grant.\n(sec.293-ssec.3) The notice must state the following— that the chief executive proposes to cancel the grant of the application; the grounds for the proposed cancellation; the facts and circumstances that form the basis for the grounds; when the proposed cancellation is intended to take effect; that the holder may make, within a stated period, written submissions to show why the proposed cancellation should not be taken.\n(sec.293-ssec.4) The stated period must end at least 15 business days after the holder is given the notice.\n(sec.293-ssec.5) The chief executive must consider any submissions made under subsection (3) (e) within the stated period.\n(sec.293-ssec.6) If the chief executive decides to cancel the grant of the application, the chief executive must, within 10 business days after making the decision give the holder of the grant an information notice for the decision.\n(sec.293-ssec.7) The decision takes effect when the information notice is given.\n- (a) that the chief executive proposes to cancel the grant of the application;\n- (b) the grounds for the proposed cancellation;\n- (c) the facts and circumstances that form the basis for the grounds;\n- (d) when the proposed cancellation is intended to take effect;\n- (e) that the holder may make, within a stated period, written submissions to show why the proposed cancellation should not be taken.","sortOrder":585},{"sectionNumber":"sec.294","sectionType":"section","heading":"Automatic cancellation of grant","content":"### sec.294 Automatic cancellation of grant\n\nThe grant of a transition period exempt residue waste application is automatically cancelled if the business of conducting a recycling activity that was relevant to the application ceases to be in the grant holder’s ownership, including, for example, because the business is transferred into the ownership of another entity.","sortOrder":586},{"sectionNumber":"ch.15-pt.4","sectionType":"part","heading":"General provisions","content":"# General provisions","sortOrder":587},{"sectionNumber":"sec.295","sectionType":"section","heading":"Existing waste management strategy and business plan","content":"### sec.295 Existing waste management strategy and business plan\n\nThe document in existence as a document of the department immediately before the commencement of this section and known as Queensland’s Waste Reduction and Recycling Strategy 2010–2020—\nis taken to be the State’s first waste management strategy under this Act; and\nhas effect as if it had been made under this Act on the commencement of this section.\nThe document in existence as a document of the department immediately before the commencement of this section and known as the Business Plan for Queensland’s Waste Reduction and Recycling Strategy 2010–2020—\nis taken to be the State’s first WMS business plan under this Act; and\nhas effect as if it had been made under this Act on the commencement of this section.\n(sec.295-ssec.1) The document in existence as a document of the department immediately before the commencement of this section and known as Queensland’s Waste Reduction and Recycling Strategy 2010–2020— is taken to be the State’s first waste management strategy under this Act; and has effect as if it had been made under this Act on the commencement of this section.\n(sec.295-ssec.2) The document in existence as a document of the department immediately before the commencement of this section and known as the Business Plan for Queensland’s Waste Reduction and Recycling Strategy 2010–2020— is taken to be the State’s first WMS business plan under this Act; and has effect as if it had been made under this Act on the commencement of this section.\n- (a) is taken to be the State’s first waste management strategy under this Act; and\n- (b) has effect as if it had been made under this Act on the commencement of this section.\n- (a) is taken to be the State’s first WMS business plan under this Act; and\n- (b) has effect as if it had been made under this Act on the commencement of this section.","sortOrder":588},{"sectionNumber":"sec.296","sectionType":"section","heading":"Volumetric survey of levyable waste disposal site before waste levy commencement","content":"### sec.296 Volumetric survey of levyable waste disposal site before waste levy commencement\n\nThe operator of a levyable waste disposal site located within the waste levy zone must, in compliance with the requirements stated in this section—\nwithin the period of 14 days immediately preceding 1 December 2011, ensure that a volumetric survey is carried out for—\neach active landfill cell at the site; and\nall stockpiled waste at the site; and\nbefore the end December 2011, give the chief executive a copy of the results of the survey in the approved form.\nMaximum penalty—200 penalty units.\nThe volumetric survey must be performed in compliance with the requirements prescribed under a regulation.\nThe results of the volumetric survey must—\nbe in electronic form; and\ninclude a topographical plan complying with specifications advised by the chief executive; and\ninclude advice of the following—\nthe area of the levyable waste disposal site;\nthe site’s landfill capacity;\nthe stockpiles of waste on the site; and\nbe certified as accurate by a surveyor under the Surveyors Act 2003 .\nThe operator of the levyable waste disposal site must ensure that a copy of the results of the volumetric survey is kept as a document in hard copy form at the levyable waste disposal site for 5 years after the survey is performed.\nMaximum penalty—200 penalty units.\nSubsections (6) and (7) apply if the operator of a levyable waste disposal site fails to comply with subsection (1) .\nThe chief executive may arrange for the volumetric survey to be carried out at the site and for that purpose may direct an authorised person to enter the site and carry out the survey.\nThe chief executive may recover the cost of the survey from the operator as a debt payable by the operator to the State.\n(sec.296-ssec.1) The operator of a levyable waste disposal site located within the waste levy zone must, in compliance with the requirements stated in this section— within the period of 14 days immediately preceding 1 December 2011, ensure that a volumetric survey is carried out for— each active landfill cell at the site; and all stockpiled waste at the site; and before the end December 2011, give the chief executive a copy of the results of the survey in the approved form. Maximum penalty—200 penalty units.\n(sec.296-ssec.2) The volumetric survey must be performed in compliance with the requirements prescribed under a regulation.\n(sec.296-ssec.3) The results of the volumetric survey must— be in electronic form; and include a topographical plan complying with specifications advised by the chief executive; and include advice of the following— the area of the levyable waste disposal site; the site’s landfill capacity; the stockpiles of waste on the site; and be certified as accurate by a surveyor under the Surveyors Act 2003 .\n(sec.296-ssec.4) The operator of the levyable waste disposal site must ensure that a copy of the results of the volumetric survey is kept as a document in hard copy form at the levyable waste disposal site for 5 years after the survey is performed. Maximum penalty—200 penalty units.\n(sec.296-ssec.5) Subsections (6) and (7) apply if the operator of a levyable waste disposal site fails to comply with subsection (1) .\n(sec.296-ssec.6) The chief executive may arrange for the volumetric survey to be carried out at the site and for that purpose may direct an authorised person to enter the site and carry out the survey.\n(sec.296-ssec.7) The chief executive may recover the cost of the survey from the operator as a debt payable by the operator to the State.\n- (a) within the period of 14 days immediately preceding 1 December 2011, ensure that a volumetric survey is carried out for— (i) each active landfill cell at the site; and (ii) all stockpiled waste at the site; and\n- (i) each active landfill cell at the site; and\n- (ii) all stockpiled waste at the site; and\n- (b) before the end December 2011, give the chief executive a copy of the results of the survey in the approved form.\n- (i) each active landfill cell at the site; and\n- (ii) all stockpiled waste at the site; and\n- (a) be in electronic form; and\n- (b) include a topographical plan complying with specifications advised by the chief executive; and\n- (c) include advice of the following— (i) the area of the levyable waste disposal site; (ii) the site’s landfill capacity; (iii) the stockpiles of waste on the site; and\n- (i) the area of the levyable waste disposal site;\n- (ii) the site’s landfill capacity;\n- (iii) the stockpiles of waste on the site; and\n- (d) be certified as accurate by a surveyor under the Surveyors Act 2003 .\n- (i) the area of the levyable waste disposal site;\n- (ii) the site’s landfill capacity;\n- (iii) the stockpiles of waste on the site; and","sortOrder":589},{"sectionNumber":"sec.297","sectionType":"section","heading":"Volumetric survey of resource recovery area before waste levy commencement","content":"### sec.297 Volumetric survey of resource recovery area before waste levy commencement\n\nThe entity having responsibility for the operation of a resource recovery area must, in compliance with the requirements stated in this section—\nwithin the period of 14 days immediately preceding 1 December 2011, ensure that a volumetric survey is carried out for all stockpiled waste on the area; and\nbefore the end December 2011, give the chief executive a copy of the results of the survey in the approved form.\nMaximum penalty—200 penalty units.\nThe volumetric survey must be performed in compliance with the requirements prescribed under a regulation.\nThe results of the volumetric survey must—\nbe in electronic form; and\ninclude a topographical plan complying with specifications advised by the chief executive; and\ninclude advice of the following—\nthe area of the resource recovery area;\nthe stockpiles of waste on the area; and\nbe certified as accurate by a surveyor under the Surveyors Act 2003 .\nThe entity having responsibility for a resource recovery area must ensure that a copy of the results of the volumetric survey is kept as a document in hard copy form at the levyable waste disposal site whose operator declared the resource recovery area for 5 years after the survey is performed.\nMaximum penalty—200 penalty units.\nSubsections (6) and (7) apply if the entity having responsibility for a resource recovery area fails to comply with subsection (1) .\nThe chief executive may arrange for the volumetric survey to be carried out at the resource recovery area and for that purpose may direct an authorised person to enter the resource recovery area and carry out the survey.\nThe chief executive may recover the cost of the survey from the entity as a debt payable by the entity to the State.\n(sec.297-ssec.1) The entity having responsibility for the operation of a resource recovery area must, in compliance with the requirements stated in this section— within the period of 14 days immediately preceding 1 December 2011, ensure that a volumetric survey is carried out for all stockpiled waste on the area; and before the end December 2011, give the chief executive a copy of the results of the survey in the approved form. Maximum penalty—200 penalty units.\n(sec.297-ssec.2) The volumetric survey must be performed in compliance with the requirements prescribed under a regulation.\n(sec.297-ssec.3) The results of the volumetric survey must— be in electronic form; and include a topographical plan complying with specifications advised by the chief executive; and include advice of the following— the area of the resource recovery area; the stockpiles of waste on the area; and be certified as accurate by a surveyor under the Surveyors Act 2003 .\n(sec.297-ssec.4) The entity having responsibility for a resource recovery area must ensure that a copy of the results of the volumetric survey is kept as a document in hard copy form at the levyable waste disposal site whose operator declared the resource recovery area for 5 years after the survey is performed. Maximum penalty—200 penalty units.\n(sec.297-ssec.5) Subsections (6) and (7) apply if the entity having responsibility for a resource recovery area fails to comply with subsection (1) .\n(sec.297-ssec.6) The chief executive may arrange for the volumetric survey to be carried out at the resource recovery area and for that purpose may direct an authorised person to enter the resource recovery area and carry out the survey.\n(sec.297-ssec.7) The chief executive may recover the cost of the survey from the entity as a debt payable by the entity to the State.\n- (a) within the period of 14 days immediately preceding 1 December 2011, ensure that a volumetric survey is carried out for all stockpiled waste on the area; and\n- (b) before the end December 2011, give the chief executive a copy of the results of the survey in the approved form.\n- (a) be in electronic form; and\n- (b) include a topographical plan complying with specifications advised by the chief executive; and\n- (c) include advice of the following— (i) the area of the resource recovery area; (ii) the stockpiles of waste on the area; and\n- (i) the area of the resource recovery area;\n- (ii) the stockpiles of waste on the area; and\n- (d) be certified as accurate by a surveyor under the Surveyors Act 2003 .\n- (i) the area of the resource recovery area;\n- (ii) the stockpiles of waste on the area; and","sortOrder":590},{"sectionNumber":"sec.298","sectionType":"section","heading":"Temporary relaxation from s 45 (2) requirements for small site","content":"### sec.298 Temporary relaxation from s 45 (2) requirements for small site\n\nUntil 30 June 2014, the operator of a small site is not required to comply with the requirement of section 45 (2) to measure and record waste in compliance with the weight measurement criteria prescribed under a regulation if all of the following apply—\nthe operator has, before 1 December 2011, notified the chief executive of a proposed alternative methodology for measuring and recording waste at the site;\nthe notification to the chief executive identifies the small site and includes details of the proposed alternative methodology;\nthe proposed alternative methodology enables the operator to fairly calculate the total waste levy amount owing to the chief executive on waste delivered, or moved from stockpile to landfill, at the site;\nthe operator is implementing the alternative methodology in accordance with its terms.\n- (a) the operator has, before 1 December 2011, notified the chief executive of a proposed alternative methodology for measuring and recording waste at the site;\n- (b) the notification to the chief executive identifies the small site and includes details of the proposed alternative methodology;\n- (c) the proposed alternative methodology enables the operator to fairly calculate the total waste levy amount owing to the chief executive on waste delivered, or moved from stockpile to landfill, at the site;\n- (d) the operator is implementing the alternative methodology in accordance with its terms.","sortOrder":591},{"sectionNumber":"sec.299","sectionType":"section","heading":"Offences against repealed littering provisions","content":"### sec.299 Offences against repealed littering provisions\n\nProceedings for an offence against any of the repealed littering provisions may be continued or started, and the provisions of the Environmental Protection Act and the State Penalties Enforcement Act 1999 necessary or convenient to be used in relation to the proceedings continue to apply, as if this Act had not been enacted.\nFor subsection (1) , the Acts Interpretation Act 1954 , section 20 , applies, but does not limit the subsection.\n(sec.299-ssec.1) Proceedings for an offence against any of the repealed littering provisions may be continued or started, and the provisions of the Environmental Protection Act and the State Penalties Enforcement Act 1999 necessary or convenient to be used in relation to the proceedings continue to apply, as if this Act had not been enacted.\n(sec.299-ssec.2) For subsection (1) , the Acts Interpretation Act 1954 , section 20 , applies, but does not limit the subsection.","sortOrder":592},{"sectionNumber":"sec.300","sectionType":"section","heading":"Existing strategic plans under repealed waste management policy","content":"### sec.300 Existing strategic plans under repealed waste management policy\n\nFor 1 year after the commencement of this section, part 7 , division 1 of the repealed waste management policy, and any waste management strategic plan in force for a local government area under the repealed policy, continues to have effect as if this Act had not been enacted.\nSubsection (1) has effect in a local government area other than in relation to any aspect of waste management in the local government area that is the subject of a waste reduction and recycling plan that comes into force under this Act.\nFor 1 year after the commencement of this section, part 7 , division 2 of the repealed waste management policy, and any strategic plan for managing a department’s waste in force for a department under the repealed policy, continues to have effect as if this Act had not been enacted.\nSubsection (3) has effect for a department other than in relation to any aspect of waste management for the department that is the subject of a waste reduction and recycling plan that comes into force under this Act.\n(sec.300-ssec.1) For 1 year after the commencement of this section, part 7 , division 1 of the repealed waste management policy, and any waste management strategic plan in force for a local government area under the repealed policy, continues to have effect as if this Act had not been enacted.\n(sec.300-ssec.2) Subsection (1) has effect in a local government area other than in relation to any aspect of waste management in the local government area that is the subject of a waste reduction and recycling plan that comes into force under this Act.\n(sec.300-ssec.3) For 1 year after the commencement of this section, part 7 , division 2 of the repealed waste management policy, and any strategic plan for managing a department’s waste in force for a department under the repealed policy, continues to have effect as if this Act had not been enacted.\n(sec.300-ssec.4) Subsection (3) has effect for a department other than in relation to any aspect of waste management for the department that is the subject of a waste reduction and recycling plan that comes into force under this Act.","sortOrder":593},{"sectionNumber":"sec.301","sectionType":"section","heading":"Clinical and related waste management plan","content":"### sec.301 Clinical and related waste management plan\n\nThis section applies if—\nimmediately before the commencement of this section, there was in force for an entity a clinical and related waste management plan (the clinical plan ) under the Environmental Protection (Waste Management) Regulation 2000 , part 5 , division 1 ; and\nthe entity is a planning entity under this Act.\nUnless the entity sooner adopts a waste reduction and recycling plan under this Act, the clinical plan has effect as a waste reduction and recycling plan for the entity as if it had been adopted by the entity in compliance with this Act.\n(sec.301-ssec.1) This section applies if— immediately before the commencement of this section, there was in force for an entity a clinical and related waste management plan (the clinical plan ) under the Environmental Protection (Waste Management) Regulation 2000 , part 5 , division 1 ; and the entity is a planning entity under this Act.\n(sec.301-ssec.2) Unless the entity sooner adopts a waste reduction and recycling plan under this Act, the clinical plan has effect as a waste reduction and recycling plan for the entity as if it had been adopted by the entity in compliance with this Act.\n- (a) immediately before the commencement of this section, there was in force for an entity a clinical and related waste management plan (the clinical plan ) under the Environmental Protection (Waste Management) Regulation 2000 , part 5 , division 1 ; and\n- (b) the entity is a planning entity under this Act.","sortOrder":594},{"sectionNumber":"ch.15A-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":595},{"sectionNumber":"sec.301A","sectionType":"section","heading":"Definitions for ch 15A","content":"### sec.301A Definitions for ch 15A\n\nIn this chapter—\ncommencement means the commencement of this section.\nlevyable waste disposal site means a levyable waste disposal site under the unamended Act, section 27.\nresource recovery area means a resource recovery area under the unamended Act, section 61.\nunamended Act means this Act as in force before the commencement.\nWaste and Environment Fund means the Waste and Environment Fund under the unamended Act, schedule.\nwaste levy means the waste levy under the unamended Act, section 37.\nwaste levy amount means a waste levy amount under the unamended Act, section 26.\ns 301A ins 2013 No. 6 s 48","sortOrder":596},{"sectionNumber":"ch.15A-pt.2","sectionType":"part","heading":"Validation provision","content":"# Validation provision","sortOrder":597},{"sectionNumber":"sec.301B","sectionType":"section","heading":"Validation of repeal of waste levy on 1 July 2012","content":"### sec.301B Validation of repeal of waste levy on 1 July 2012\n\nIt is declared that the amendments made by the Waste Reduction and Recycling Amendment Regulation (No. 1) 2012 to repeal the waste levy on 1 July 2012 are taken to be, and to always been, as valid as they would have been if the amendments had been made by this Act.\nDespite anything else in this Act or any regulation made under this Act, for the period starting on 1 July 2012 and ending on the commencement of this section, no waste levy is or was payable by the operator of a levyable waste disposal site in relation to any type of waste.\ns 301B ins 2013 No. 6 s 48\n(sec.301B-ssec.1) It is declared that the amendments made by the Waste Reduction and Recycling Amendment Regulation (No. 1) 2012 to repeal the waste levy on 1 July 2012 are taken to be, and to always been, as valid as they would have been if the amendments had been made by this Act.\n(sec.301B-ssec.2) Despite anything else in this Act or any regulation made under this Act, for the period starting on 1 July 2012 and ending on the commencement of this section, no waste levy is or was payable by the operator of a levyable waste disposal site in relation to any type of waste.","sortOrder":598},{"sectionNumber":"ch.15A-pt.3","sectionType":"part","heading":"Transitional provisions","content":"# Transitional provisions","sortOrder":599},{"sectionNumber":"sec.301C","sectionType":"section","heading":"Operator of levyable waste disposal site to keep documents","content":"### sec.301C Operator of levyable waste disposal site to keep documents\n\nSection 53, as in force immediately before the commencement, continues to apply, after the commencement, to a person who was an operator of a levyable waste disposal site before the commencement in relation to the keeping of documents mentioned in the section.\ns 301C ins 2013 No. 6 s 48","sortOrder":600},{"sectionNumber":"sec.301D","sectionType":"section","heading":"Estimation of waste levy amount payable","content":"### sec.301D Estimation of waste levy amount payable\n\nThe chief executive may take action or continue to take action under section 60, as in force immediately before the commencement—\nif the circumstances mentioned in section 60(1) in relation to the payment of the waste levy and the calculation of the waste levy amount payable by the operator of a levyable waste disposal site for a particular period apply; and\ndespite the repeal of section 60.\nSubsection (1) applies until 1 July 2018.\ns 301D ins 2013 No. 6 s 48\n(sec.301D-ssec.1) The chief executive may take action or continue to take action under section 60, as in force immediately before the commencement— if the circumstances mentioned in section 60(1) in relation to the payment of the waste levy and the calculation of the waste levy amount payable by the operator of a levyable waste disposal site for a particular period apply; and despite the repeal of section 60.\n(sec.301D-ssec.2) Subsection (1) applies until 1 July 2018.\n- (a) if the circumstances mentioned in section 60(1) in relation to the payment of the waste levy and the calculation of the waste levy amount payable by the operator of a levyable waste disposal site for a particular period apply; and\n- (b) despite the repeal of section 60.","sortOrder":601},{"sectionNumber":"sec.301E","sectionType":"section","heading":"Keeping of particular documents in relation to resource recovery areas","content":"### sec.301E Keeping of particular documents in relation to resource recovery areas\n\nDespite the repeal of section 65, an entity having responsibility for the operation of a resource recovery area before the commencement must keep the following documents relating to the area for at least 5 years after the happening of the event recorded—\nany document that records waste delivered to the area, including its measurements;\nany document that records waste removed from the area, including its destination and its measurements;\nany document that records any other event for the area as prescribed under a regulation.\nMaximum penalty—300 penalty units.\ns 301E ins 2013 No. 6 s 48\n- (a) any document that records waste delivered to the area, including its measurements;\n- (b) any document that records waste removed from the area, including its destination and its measurements;\n- (c) any document that records any other event for the area as prescribed under a regulation.","sortOrder":602},{"sectionNumber":"sec.301F","sectionType":"section","heading":"Keeping of results of volumetric survey for resource recovery area","content":"### sec.301F Keeping of results of volumetric survey for resource recovery area\n\nDespite the repeal of section 66, the entity having responsibility for a resource recovery area before the commencement must ensure that a copy of the results of any volumetric survey performed under that section for the area is kept as a document in hard copy or electronic form, at the site whose operator made the declaration of the area as a resource recovery area, for 5 years after the survey is performed.\nMaximum penalty—200 penalty units.\ns 301F ins 2013 No. 6 s 48","sortOrder":603},{"sectionNumber":"sec.301G","sectionType":"section","heading":"Waste levy amounts and the Waste and Environment Fund","content":"### sec.301G Waste levy amounts and the Waste and Environment Fund\n\nAny transactions in relation to waste levy amounts that, before the commencement, would have been managed through the Waste and Environment Fund are to be managed after the commencement through the departmental accounts of the department.\nIn this section—\ndepartmental accounts , of the department, means the accounts of the department under the Financial Accountability Act 2009 , section 69 .\ns 301G ins 2013 No. 6 s 48\n(sec.301G-ssec.1) Any transactions in relation to waste levy amounts that, before the commencement, would have been managed through the Waste and Environment Fund are to be managed after the commencement through the departmental accounts of the department.\n(sec.301G-ssec.2) In this section— departmental accounts , of the department, means the accounts of the department under the Financial Accountability Act 2009 , section 69 .","sortOrder":604},{"sectionNumber":"sec.301H","sectionType":"section","heading":"Discounted levy and waste levy exemption","content":"### sec.301H Discounted levy and waste levy exemption\n\nChapter 15, parts 2 and 3 are taken to have had effect only until 30 June 2012.\ns 301H ins 2013 No. 6 s 48","sortOrder":605},{"sectionNumber":"sec.301I","sectionType":"section","heading":"Existing strategic plans under repealed waste management policy","content":"### sec.301I Existing strategic plans under repealed waste management policy\n\nThis section applies despite section 300.\nSection 300(1) and (2) continues in effect until a waste reduction and recycling plan under section 123 is adopted by the local government.\nSection 300(3) and (4) continues in effect until a waste reduction and recycling plan under section 133 is adopted by the chief executive officer of a State entity.\ns 301I ins 2013 No. 6 s 48\n(sec.301I-ssec.1) This section applies despite section 300.\n(sec.301I-ssec.2) Section 300(1) and (2) continues in effect until a waste reduction and recycling plan under section 123 is adopted by the local government.\n(sec.301I-ssec.3) Section 300(3) and (4) continues in effect until a waste reduction and recycling plan under section 133 is adopted by the chief executive officer of a State entity.","sortOrder":606},{"sectionNumber":"sec.301J","sectionType":"section","heading":"Clinical and related waste management plans","content":"### sec.301J Clinical and related waste management plans\n\nDespite section 301(2), the planning entity to which section 301 applies must, by the day prescribed under a regulation, have a new waste reduction and recycling plan that complies with chapter 6.\ns 301J ins 2013 No. 6 s 48","sortOrder":607},{"sectionNumber":"ch.16-pt.1","sectionType":"part","heading":"Transitional provisions for Environmental Protection and Other Legislation Amendment Act 2014","content":"# Transitional provisions for Environmental Protection and Other Legislation Amendment Act 2014","sortOrder":608},{"sectionNumber":"sec.302","sectionType":"section","heading":"Definitions for ch 16","content":"### sec.302 Definitions for ch 16\n\nIn this chapter—\namending Act means the Environmental Protection and Other Legislation Amendment Act 2014 .\nformer Act means this Act as in force immediately before the commencement.\ngeneral approval means a general approval under the former Act.\nspecific approval means a specific approval under the former Act.\ns 302 sub 2014 No. 59 s 170","sortOrder":609},{"sectionNumber":"sec.303","sectionType":"section","heading":"Existing general approvals","content":"### sec.303 Existing general approvals\n\nThis section applies to a general approval that was in force immediately before the commencement.\nThe general approval continues in force for its term provided for under the former Act.\nDespite the replacement of chapter 8 under the amending Act, the following provisions as in force under the former Act continue to apply for the general approval—\nchapter 8, part 5;\nchapter 8, part 6, division 2 to the extent it provides for the cancellation or suspension of an approval;\nchapters 9, 10, 11 and 14 to the extent they relate to a general approval.\nSubsection (5) applies if—\nan end of waste code is made; and\nthe end of waste code relates to a particular waste or resource to which the general approval relates.\nThe general approval ends on the later of the following days—\nthe day before the end of waste code takes effect;\na later day fixed by the chief executive for that purpose by notice published on the department’s website.\nA person who is registered under a general approval that ends is taken to be a registered resource producer from the day on which the approval ends.\nSection 158 does not apply to a person who was carrying out an activity in accordance with a general approval that ends until 1 year after the general approval ends.\nHowever, subsection (3) continues to apply as if the general approval has not ended under subsection (5).\ns 303 ins 2014 No. 59 s 170\n(sec.303-ssec.1) This section applies to a general approval that was in force immediately before the commencement.\n(sec.303-ssec.2) The general approval continues in force for its term provided for under the former Act.\n(sec.303-ssec.3) Despite the replacement of chapter 8 under the amending Act, the following provisions as in force under the former Act continue to apply for the general approval— chapter 8, part 5; chapter 8, part 6, division 2 to the extent it provides for the cancellation or suspension of an approval; chapters 9, 10, 11 and 14 to the extent they relate to a general approval.\n(sec.303-ssec.4) Subsection (5) applies if— an end of waste code is made; and the end of waste code relates to a particular waste or resource to which the general approval relates.\n(sec.303-ssec.5) The general approval ends on the later of the following days— the day before the end of waste code takes effect; a later day fixed by the chief executive for that purpose by notice published on the department’s website.\n(sec.303-ssec.6) A person who is registered under a general approval that ends is taken to be a registered resource producer from the day on which the approval ends.\n(sec.303-ssec.7) Section 158 does not apply to a person who was carrying out an activity in accordance with a general approval that ends until 1 year after the general approval ends.\n(sec.303-ssec.8) However, subsection (3) continues to apply as if the general approval has not ended under subsection (5).\n- (a) chapter 8, part 5;\n- (b) chapter 8, part 6, division 2 to the extent it provides for the cancellation or suspension of an approval;\n- (c) chapters 9, 10, 11 and 14 to the extent they relate to a general approval.\n- (a) an end of waste code is made; and\n- (b) the end of waste code relates to a particular waste or resource to which the general approval relates.\n- (a) the day before the end of waste code takes effect;\n- (b) a later day fixed by the chief executive for that purpose by notice published on the department’s website.","sortOrder":610},{"sectionNumber":"sec.304","sectionType":"section","heading":"Existing specific approvals","content":"### sec.304 Existing specific approvals\n\nThis section applies if, immediately before the commencement, a person was the holder of a specific approval under the former Act.\nDespite the replacement of chapter 8 under the amending Act, chapter 8, part 5 of the former Act continues to apply to the specific approval.\nFrom the commencement, the specific approval is taken to be an end of waste approval for the particular resource or waste to which the specific approval relates.\ns 304 ins 2014 No. 59 s 170\n(sec.304-ssec.1) This section applies if, immediately before the commencement, a person was the holder of a specific approval under the former Act.\n(sec.304-ssec.2) Despite the replacement of chapter 8 under the amending Act, chapter 8, part 5 of the former Act continues to apply to the specific approval.\n(sec.304-ssec.3) From the commencement, the specific approval is taken to be an end of waste approval for the particular resource or waste to which the specific approval relates.","sortOrder":611},{"sectionNumber":"sec.305","sectionType":"section","heading":"Existing applications","content":"### sec.305 Existing applications\n\nThis section applies to any of the following applications made under the former Act but not decided before the commencement—\nan application for a general approval or specific approval;\nan application for an amendment or transfer of a general approval or specific approval.\nOn the commencement, the application lapses.\ns 305 ins 2014 No. 59 s 170\n(sec.305-ssec.1) This section applies to any of the following applications made under the former Act but not decided before the commencement— an application for a general approval or specific approval; an application for an amendment or transfer of a general approval or specific approval.\n(sec.305-ssec.2) On the commencement, the application lapses.\n- (a) an application for a general approval or specific approval;\n- (b) an application for an amendment or transfer of a general approval or specific approval.","sortOrder":612},{"sectionNumber":"sec.306","sectionType":"section","heading":"Existing show cause procedure","content":"### sec.306 Existing show cause procedure\n\nThis section applies if, before the commencement—\nthe chief executive gave a person operating under a general approval, or the holder of a specific approval, a show cause notice under the former Act, section 246; and\nthe chief executive had not decided whether or not to give the person a compliance notice.\nThe chief executive must decide under the former Act whether or not to give the person a compliance notice.\ns 306 ins 2014 No. 59 s 170\n(sec.306-ssec.1) This section applies if, before the commencement— the chief executive gave a person operating under a general approval, or the holder of a specific approval, a show cause notice under the former Act, section 246; and the chief executive had not decided whether or not to give the person a compliance notice.\n(sec.306-ssec.2) The chief executive must decide under the former Act whether or not to give the person a compliance notice.\n- (a) the chief executive gave a person operating under a general approval, or the holder of a specific approval, a show cause notice under the former Act, section 246; and\n- (b) the chief executive had not decided whether or not to give the person a compliance notice.","sortOrder":613},{"sectionNumber":"ch.16-pt.2","sectionType":"part","heading":"Transitional provisions for Waste Reduction and Recycling Amendment Act 2017","content":"# Transitional provisions for Waste Reduction and Recycling Amendment Act 2017","sortOrder":614},{"sectionNumber":"sec.307","sectionType":"section","heading":"Retailer must offer alternative shopping bag during phase out period","content":"### sec.307 Retailer must offer alternative shopping bag during phase out period\n\nThis section applies if, during the phase out period, a person asks a retailer for an alternative shopping bag to use to carry goods that the retailer sells from the retailer’s premises.\nThe retailer must offer to give or sell the person an alternative shopping bag.\nMaximum penalty—50 penalty units.\nIn this section—\nphase out period means the period that starts on the commencement and ends on 30 June 2018.\ns 307 ins 2017 No. 31 s 34\n(sec.307-ssec.1) This section applies if, during the phase out period, a person asks a retailer for an alternative shopping bag to use to carry goods that the retailer sells from the retailer’s premises.\n(sec.307-ssec.2) The retailer must offer to give or sell the person an alternative shopping bag. Maximum penalty—50 penalty units.\n(sec.307-ssec.3) In this section— phase out period means the period that starts on the commencement and ends on 30 June 2018.","sortOrder":615},{"sectionNumber":"sec.308","sectionType":"section","heading":"Transition period for displaying refund marking on beverage containers","content":"### sec.308 Transition period for displaying refund marking on beverage containers\n\nA manufacturer of a beverage product does not commit an offence against section 99P(2) if, before the manufacture transition day, the manufacturer sells a beverage product in a container that does not display the refund marking.\nAlso, a person does not commit an offence against a provision of chapter 4, part 3B if, before the collection transition day, the person does any of the following things in relation to a container that does not display the refund marking—\nclaims a refund amount for the container at a container refund point, including a reverse vending machine;\naccepts the container and pays a refund amount for the container;\nallows a reverse vending machine to accept the container and dispense a refund amount for the container;\nclaims a recovery amount for the container from the Organisation;\nmakes a declaration in an approved form about the container displaying a refund marking.\nIn this section—\ncollection transition day means the day that is 6 months after the manufacture transition day.\nmanufacture transition day means the day, prescribed by regulation, that is at least 1 year after the day a regulation prescribing the requirements for the refund marking made under section 99K, definition refund marking commences.\ns 308 ins 2017 No. 31 s 34\n(sec.308-ssec.1) A manufacturer of a beverage product does not commit an offence against section 99P(2) if, before the manufacture transition day, the manufacturer sells a beverage product in a container that does not display the refund marking.\n(sec.308-ssec.2) Also, a person does not commit an offence against a provision of chapter 4, part 3B if, before the collection transition day, the person does any of the following things in relation to a container that does not display the refund marking— claims a refund amount for the container at a container refund point, including a reverse vending machine; accepts the container and pays a refund amount for the container; allows a reverse vending machine to accept the container and dispense a refund amount for the container; claims a recovery amount for the container from the Organisation; makes a declaration in an approved form about the container displaying a refund marking.\n(sec.308-ssec.3) In this section— collection transition day means the day that is 6 months after the manufacture transition day. manufacture transition day means the day, prescribed by regulation, that is at least 1 year after the day a regulation prescribing the requirements for the refund marking made under section 99K, definition refund marking commences.\n- (a) claims a refund amount for the container at a container refund point, including a reverse vending machine;\n- (b) accepts the container and pays a refund amount for the container;\n- (c) allows a reverse vending machine to accept the container and dispense a refund amount for the container;\n- (d) claims a recovery amount for the container from the Organisation;\n- (e) makes a declaration in an approved form about the container displaying a refund marking.","sortOrder":616},{"sectionNumber":"ch.16-pt.3","sectionType":"part","heading":"Transitional provisions for Waste Reduction and Recycling (Waste Levy) Amendment Act 2019","content":"# Transitional provisions for Waste Reduction and Recycling (Waste Levy) Amendment Act 2019","sortOrder":617},{"sectionNumber":"ch.16-pt.3-div.1","sectionType":"division","heading":"Exemption from waste levy for particular residue waste during transition period","content":"## Exemption from waste levy for particular residue waste during transition period","sortOrder":618},{"sectionNumber":"sec.309","sectionType":"section","heading":"Definitions for division","content":"### sec.309 Definitions for division\n\nIn this division—\nCairns Bedminster facility means the facility in Cairns for mechanical biological treatment using Bedminster technology to sort non-organic materials from mixed solid waste and compost the remaining organic material through drum composting and maturation.\nconstruction and demolition waste means waste generated as a result of carrying out building work within the meaning of the Building Act 1975 , section 5 .\nmaterial recovery facility means a facility for conducting a recycling activity that comprises sorting any waste other than construction and demolition waste, and preparing recyclable waste for marketing to users.\nqualifying period means the period starting on 1 July 2018 and ending on the commencement.\ntransition period means—\nfor the Cairns Bedminster facility—the period starting on the commencement and ending on 30 June 2026; or\notherwise—the period starting on the commencement and ending on 30 June 2022.\ntransition period exempt residue waste application see section 310(1).\ns 309 ins 2019 No. 2 s 19\n- (a) for the Cairns Bedminster facility—the period starting on the commencement and ending on 30 June 2026; or\n- (b) otherwise—the period starting on the commencement and ending on 30 June 2022.","sortOrder":619},{"sectionNumber":"sec.310","sectionType":"section","heading":"Application for approval of residue waste as exempt waste for transition period","content":"### sec.310 Application for approval of residue waste as exempt waste for transition period\n\nAn entity that conducted a recycling activity during the qualifying period may apply to the chief executive for an approval that residue waste identified in the application (a transition period exempt residue waste application ) is exempt waste for the transition period.\nFor an application relating to a material recovery facility, the application must—\nbe made on or before 30 June 2019; and\nbe in the approved form; and\nbe supported by enough information to allow the chief executive to decide the application, including evidence that the applicant conducted a recycling activity during the qualifying period.\nFor an application relating to the Cairns Bedminster facility, the application must—\nbe in the approved form; and\nbe supported by enough information to allow the chief executive to decide the application.\nFor an application not mentioned in subsection (2) or (3), the application must—\nbe in the approved form; and\nbe supported by enough information to allow the chief executive to decide the application, including evidence that—\nthe applicant conducted a recycling activity during the qualifying period; and\npayment of the waste levy on the residue waste from the applicant’s recycling activity would cause the applicant financial hardship to an extent that would stop its business from operating.\ns 310 ins 2019 No. 2 s 19\n(sec.310-ssec.1) An entity that conducted a recycling activity during the qualifying period may apply to the chief executive for an approval that residue waste identified in the application (a transition period exempt residue waste application ) is exempt waste for the transition period.\n(sec.310-ssec.2) For an application relating to a material recovery facility, the application must— be made on or before 30 June 2019; and be in the approved form; and be supported by enough information to allow the chief executive to decide the application, including evidence that the applicant conducted a recycling activity during the qualifying period.\n(sec.310-ssec.3) For an application relating to the Cairns Bedminster facility, the application must— be in the approved form; and be supported by enough information to allow the chief executive to decide the application.\n(sec.310-ssec.4) For an application not mentioned in subsection (2) or (3), the application must— be in the approved form; and be supported by enough information to allow the chief executive to decide the application, including evidence that— the applicant conducted a recycling activity during the qualifying period; and payment of the waste levy on the residue waste from the applicant’s recycling activity would cause the applicant financial hardship to an extent that would stop its business from operating.\n- (a) be made on or before 30 June 2019; and\n- (b) be in the approved form; and\n- (c) be supported by enough information to allow the chief executive to decide the application, including evidence that the applicant conducted a recycling activity during the qualifying period.\n- (a) be in the approved form; and\n- (b) be supported by enough information to allow the chief executive to decide the application.\n- (b) be in the approved form; and\n- (c) be supported by enough information to allow the chief executive to decide the application, including evidence that— (i) the applicant conducted a recycling activity during the qualifying period; and (ii) payment of the waste levy on the residue waste from the applicant’s recycling activity would cause the applicant financial hardship to an extent that would stop its business from operating.\n- (i) the applicant conducted a recycling activity during the qualifying period; and\n- (ii) payment of the waste levy on the residue waste from the applicant’s recycling activity would cause the applicant financial hardship to an extent that would stop its business from operating.\n- (i) the applicant conducted a recycling activity during the qualifying period; and\n- (ii) payment of the waste levy on the residue waste from the applicant’s recycling activity would cause the applicant financial hardship to an extent that would stop its business from operating.","sortOrder":620},{"sectionNumber":"sec.311","sectionType":"section","heading":"Chief executive may require additional information or documents","content":"### sec.311 Chief executive may require additional information or documents\n\nWithin 28 days after receiving a transition period exempt residue waste application, the chief executive may, by notice given to the applicant, require the applicant to give the chief executive further reasonable information or documents about the application by a reasonable day stated in the notice.\nThe application is taken to be withdrawn if the applicant does not give the chief executive the further information or documents by the stated day.\ns 311 ins 2019 No. 2 s 19\n(sec.311-ssec.1) Within 28 days after receiving a transition period exempt residue waste application, the chief executive may, by notice given to the applicant, require the applicant to give the chief executive further reasonable information or documents about the application by a reasonable day stated in the notice.\n(sec.311-ssec.2) The application is taken to be withdrawn if the applicant does not give the chief executive the further information or documents by the stated day.","sortOrder":621},{"sectionNumber":"sec.312","sectionType":"section","heading":"Deciding application","content":"### sec.312 Deciding application\n\nThe chief executive must decide either to grant or to refuse a transition period exempt residue waste application within a period that is reasonable in the circumstances.\nIn deciding the application, the chief executive must consider the following—\nthe objects of this Act;\nthe information included in the application;\nwhether adequate measures will be implemented to progressively minimise the amount of the applicant’s residue waste generation;\nwhether adequate measures will be implemented to ensure the applicant will be able to keep conducting the recycling activity after the transition period ends;\nthe applicant’s history of compliance with this Act and the Environmental Protection Act , including whether the applicant holds any licences, environmental authorities or other approvals for conducting the recycling activity.\nAlso, the chief executive may consult with any expert reference group or other entity the chief executive considers suitable to provide advice in relation to financial hardship.\nThe chief executive must not grant the application unless satisfied the applicant conducted a recycling activity during the qualifying period and—\nfor a material recovery facility—\nthe applicant’s performance history achieves as a minimum the recycling efficiency threshold; or\nthe strategies or practices proposed in the application to progressively improve the efficiency of the applicant’s recycling activity will enable the applicant to achieve as a minimum the recycling efficiency threshold during the period of the exemption; or\nfor the Cairns Bedminster facility—the applicant will be able to achieve as a minimum the recycling efficiency threshold; or\nfor any other applicant—payment of the waste levy on the residue waste from the recycling activity would cause the applicant financial hardship to an extent that would stop its business from operating.\nHowever, subsection (4)(a) does not apply for a material recovery facility if the chief executive is satisfied that—\nit is not reasonably practical for the applicant to achieve as a minimum the recycling efficiency threshold; and\nthe strategies or practices proposed in the application to progressively improve the efficiency of the applicant’s recycling activity will enable the applicant to achieve a recycling efficiency during the period of the exemption that is as close to the recycling efficiency threshold as is reasonably practical in the circumstances.\nA failure to make a decision within a period that is reasonable in the circumstances is taken to be a decision by the chief executive to refuse the application.\nIn this section—\nrecycling efficiency threshold means—\nfor a material recovery facility—85% of the feedstock for a recycling activity is not disposed of as landfill as a result of the activity; or\nfor the Cairns Bedminster facility—33% of the feedstock for a recycling activity is not disposed of as landfill as a result of the activity.\ns 312 ins 2019 No. 2 s 19\n(sec.312-ssec.1) The chief executive must decide either to grant or to refuse a transition period exempt residue waste application within a period that is reasonable in the circumstances.\n(sec.312-ssec.2) In deciding the application, the chief executive must consider the following— the objects of this Act; the information included in the application; whether adequate measures will be implemented to progressively minimise the amount of the applicant’s residue waste generation; whether adequate measures will be implemented to ensure the applicant will be able to keep conducting the recycling activity after the transition period ends; the applicant’s history of compliance with this Act and the Environmental Protection Act , including whether the applicant holds any licences, environmental authorities or other approvals for conducting the recycling activity.\n(sec.312-ssec.3) Also, the chief executive may consult with any expert reference group or other entity the chief executive considers suitable to provide advice in relation to financial hardship.\n(sec.312-ssec.4) The chief executive must not grant the application unless satisfied the applicant conducted a recycling activity during the qualifying period and— for a material recovery facility— the applicant’s performance history achieves as a minimum the recycling efficiency threshold; or the strategies or practices proposed in the application to progressively improve the efficiency of the applicant’s recycling activity will enable the applicant to achieve as a minimum the recycling efficiency threshold during the period of the exemption; or for the Cairns Bedminster facility—the applicant will be able to achieve as a minimum the recycling efficiency threshold; or for any other applicant—payment of the waste levy on the residue waste from the recycling activity would cause the applicant financial hardship to an extent that would stop its business from operating.\n(sec.312-ssec.5) However, subsection (4)(a) does not apply for a material recovery facility if the chief executive is satisfied that— it is not reasonably practical for the applicant to achieve as a minimum the recycling efficiency threshold; and the strategies or practices proposed in the application to progressively improve the efficiency of the applicant’s recycling activity will enable the applicant to achieve a recycling efficiency during the period of the exemption that is as close to the recycling efficiency threshold as is reasonably practical in the circumstances.\n(sec.312-ssec.6) A failure to make a decision within a period that is reasonable in the circumstances is taken to be a decision by the chief executive to refuse the application.\n(sec.312-ssec.7) In this section— recycling efficiency threshold means— for a material recovery facility—85% of the feedstock for a recycling activity is not disposed of as landfill as a result of the activity; or for the Cairns Bedminster facility—33% of the feedstock for a recycling activity is not disposed of as landfill as a result of the activity.\n- (a) the objects of this Act;\n- (b) the information included in the application;\n- (c) whether adequate measures will be implemented to progressively minimise the amount of the applicant’s residue waste generation;\n- (d) whether adequate measures will be implemented to ensure the applicant will be able to keep conducting the recycling activity after the transition period ends;\n- (e) the applicant’s history of compliance with this Act and the Environmental Protection Act , including whether the applicant holds any licences, environmental authorities or other approvals for conducting the recycling activity.\n- (a) for a material recovery facility— (i) the applicant’s performance history achieves as a minimum the recycling efficiency threshold; or (ii) the strategies or practices proposed in the application to progressively improve the efficiency of the applicant’s recycling activity will enable the applicant to achieve as a minimum the recycling efficiency threshold during the period of the exemption; or\n- (i) the applicant’s performance history achieves as a minimum the recycling efficiency threshold; or\n- (ii) the strategies or practices proposed in the application to progressively improve the efficiency of the applicant’s recycling activity will enable the applicant to achieve as a minimum the recycling efficiency threshold during the period of the exemption; or\n- (b) for the Cairns Bedminster facility—the applicant will be able to achieve as a minimum the recycling efficiency threshold; or\n- (c) for any other applicant—payment of the waste levy on the residue waste from the recycling activity would cause the applicant financial hardship to an extent that would stop its business from operating.\n- (i) the applicant’s performance history achieves as a minimum the recycling efficiency threshold; or\n- (ii) the strategies or practices proposed in the application to progressively improve the efficiency of the applicant’s recycling activity will enable the applicant to achieve as a minimum the recycling efficiency threshold during the period of the exemption; or\n- (a) it is not reasonably practical for the applicant to achieve as a minimum the recycling efficiency threshold; and\n- (b) the strategies or practices proposed in the application to progressively improve the efficiency of the applicant’s recycling activity will enable the applicant to achieve a recycling efficiency during the period of the exemption that is as close to the recycling efficiency threshold as is reasonably practical in the circumstances.\n- (a) for a material recovery facility—85% of the feedstock for a recycling activity is not disposed of as landfill as a result of the activity; or\n- (b) for the Cairns Bedminster facility—33% of the feedstock for a recycling activity is not disposed of as landfill as a result of the activity.","sortOrder":622},{"sectionNumber":"sec.313","sectionType":"section","heading":"Grant of application","content":"### sec.313 Grant of application\n\nIf the chief executive grants a transition period exempt residue waste application, the chief executive must—\nin addition to any other conditions, impose a condition on the approval either—\nrequiring the applicant maintain as a minimum a stated recycling efficiency; or\nlimiting the amount of residue waste that will attract the discount rate in a period, including, for example, as a stated proportion of the amount of waste that is used as feedstock for the recycling activity in the period; and\ngive the applicant notice of the grant stating the following—\nthe application has been granted;\nthe period for which the residue waste identified in the application is approved to be exempt waste;\nany conditions imposed on the approval, including any limits on the types and amounts of residue waste that may be disposed of as exempt waste in the period mentioned in subparagraph (ii);\nany conditions prescribed by regulation applying to the approval.\nIf the application relates to the Cairns Bedminster facility, the period mentioned in subsection (1)(b)(ii) must not be more than 3 years.\nThe notice must include or be accompanied by an information notice for the decision to impose a condition unless the condition is the same, or substantially the same, as a condition agreed to or asked for by the applicant.\nThe approval is subject to any conditions imposed by the chief executive and any conditions prescribed by regulation.\nIn this section—\nrecycling efficiency means a percentage of the feedstock for a recycling activity that is not disposed of as landfill as a result of the activity.\ns 313 ins 2019 No. 2 s 19\n(sec.313-ssec.1) If the chief executive grants a transition period exempt residue waste application, the chief executive must— in addition to any other conditions, impose a condition on the approval either— requiring the applicant maintain as a minimum a stated recycling efficiency; or limiting the amount of residue waste that will attract the discount rate in a period, including, for example, as a stated proportion of the amount of waste that is used as feedstock for the recycling activity in the period; and give the applicant notice of the grant stating the following— the application has been granted; the period for which the residue waste identified in the application is approved to be exempt waste; any conditions imposed on the approval, including any limits on the types and amounts of residue waste that may be disposed of as exempt waste in the period mentioned in subparagraph (ii); any conditions prescribed by regulation applying to the approval.\n(sec.313-ssec.2) If the application relates to the Cairns Bedminster facility, the period mentioned in subsection (1)(b)(ii) must not be more than 3 years.\n(sec.313-ssec.3) The notice must include or be accompanied by an information notice for the decision to impose a condition unless the condition is the same, or substantially the same, as a condition agreed to or asked for by the applicant.\n(sec.313-ssec.4) The approval is subject to any conditions imposed by the chief executive and any conditions prescribed by regulation.\n(sec.313-ssec.5) In this section— recycling efficiency means a percentage of the feedstock for a recycling activity that is not disposed of as landfill as a result of the activity.\n- (a) in addition to any other conditions, impose a condition on the approval either— (i) requiring the applicant maintain as a minimum a stated recycling efficiency; or (ii) limiting the amount of residue waste that will attract the discount rate in a period, including, for example, as a stated proportion of the amount of waste that is used as feedstock for the recycling activity in the period; and\n- (i) requiring the applicant maintain as a minimum a stated recycling efficiency; or\n- (ii) limiting the amount of residue waste that will attract the discount rate in a period, including, for example, as a stated proportion of the amount of waste that is used as feedstock for the recycling activity in the period; and\n- (b) give the applicant notice of the grant stating the following— (i) the application has been granted; (ii) the period for which the residue waste identified in the application is approved to be exempt waste; (iii) any conditions imposed on the approval, including any limits on the types and amounts of residue waste that may be disposed of as exempt waste in the period mentioned in subparagraph (ii); (iv) any conditions prescribed by regulation applying to the approval.\n- (i) the application has been granted;\n- (ii) the period for which the residue waste identified in the application is approved to be exempt waste;\n- (iii) any conditions imposed on the approval, including any limits on the types and amounts of residue waste that may be disposed of as exempt waste in the period mentioned in subparagraph (ii);\n- (iv) any conditions prescribed by regulation applying to the approval.\n- (i) requiring the applicant maintain as a minimum a stated recycling efficiency; or\n- (ii) limiting the amount of residue waste that will attract the discount rate in a period, including, for example, as a stated proportion of the amount of waste that is used as feedstock for the recycling activity in the period; and\n- (i) the application has been granted;\n- (ii) the period for which the residue waste identified in the application is approved to be exempt waste;\n- (iii) any conditions imposed on the approval, including any limits on the types and amounts of residue waste that may be disposed of as exempt waste in the period mentioned in subparagraph (ii);\n- (iv) any conditions prescribed by regulation applying to the approval.","sortOrder":623},{"sectionNumber":"sec.314","sectionType":"section","heading":"Refusal of application","content":"### sec.314 Refusal of application\n\nIf the chief executive refuses a transition period exempt residue waste application, the chief executive must give the applicant an information notice for the decision.\ns 314 ins 2019 No. 2 s 19","sortOrder":624},{"sectionNumber":"sec.315","sectionType":"section","heading":"Cancellation or amendment of approval by chief executive","content":"### sec.315 Cancellation or amendment of approval by chief executive\n\nThe chief executive may cancel or amend an approval that residue waste is exempt waste granted under section 312 if the chief executive considers there are reasonable grounds to cancel or amend it.\nWithout limiting subsection (1), the grounds for cancelling or amending the approval may include—\nthat the chief executive is satisfied there is a reasonable suspicion that the approval holder has not implemented strategies or practices to progressively improve the efficiency of the holder’s recycling activities during the period of the approval; and\nthat the chief executive is satisfied there is a reasonable suspicion that the application was granted because of a false or misleading representation or declaration; and\nthe circumstances that were relevant to the granting of the application have changed; and\nthat the limits or conditions of the approval have not been complied with; and\nthat it is desirable to cancel the approval having regard to the objects of this Act .\nBefore cancelling or amending the approval (the proposed action ), the chief executive must give notice to the holder of the approval stating the following—\nthe proposed action;\nthe grounds for taking the proposed action;\nthe facts and circumstances that form the basis for the grounds;\nwhen the proposed action is intended to take effect;\nthat the holder may make, within a stated period, written submissions to show why the proposed action should not be taken.\nThe stated period for submissions must not end earlier than 21 days after the holder of the approval is given the notice.\nThe chief executive must consider all submissions made under subsection (3)(e).\nIf the chief executive decides to take the proposed action, the chief executive must, within 10 business days after making the decision, give the holder of the approval an information notice for the decision.\nThe decision takes effect when the information notice is given to the holder of the approval.\ns 315 ins 2019 No. 2 s 19\n(sec.315-ssec.1) The chief executive may cancel or amend an approval that residue waste is exempt waste granted under section 312 if the chief executive considers there are reasonable grounds to cancel or amend it.\n(sec.315-ssec.2) Without limiting subsection (1), the grounds for cancelling or amending the approval may include— that the chief executive is satisfied there is a reasonable suspicion that the approval holder has not implemented strategies or practices to progressively improve the efficiency of the holder’s recycling activities during the period of the approval; and that the chief executive is satisfied there is a reasonable suspicion that the application was granted because of a false or misleading representation or declaration; and the circumstances that were relevant to the granting of the application have changed; and that the limits or conditions of the approval have not been complied with; and that it is desirable to cancel the approval having regard to the objects of this Act .\n(sec.315-ssec.3) Before cancelling or amending the approval (the proposed action ), the chief executive must give notice to the holder of the approval stating the following— the proposed action; the grounds for taking the proposed action; the facts and circumstances that form the basis for the grounds; when the proposed action is intended to take effect; that the holder may make, within a stated period, written submissions to show why the proposed action should not be taken.\n(sec.315-ssec.4) The stated period for submissions must not end earlier than 21 days after the holder of the approval is given the notice.\n(sec.315-ssec.5) The chief executive must consider all submissions made under subsection (3)(e).\n(sec.315-ssec.6) If the chief executive decides to take the proposed action, the chief executive must, within 10 business days after making the decision, give the holder of the approval an information notice for the decision.\n(sec.315-ssec.7) The decision takes effect when the information notice is given to the holder of the approval.\n- (a) that the chief executive is satisfied there is a reasonable suspicion that the approval holder has not implemented strategies or practices to progressively improve the efficiency of the holder’s recycling activities during the period of the approval; and\n- (b) that the chief executive is satisfied there is a reasonable suspicion that the application was granted because of a false or misleading representation or declaration; and\n- (c) the circumstances that were relevant to the granting of the application have changed; and\n- (d) that the limits or conditions of the approval have not been complied with; and\n- (e) that it is desirable to cancel the approval having regard to the objects of this Act .\n- (a) the proposed action;\n- (b) the grounds for taking the proposed action;\n- (c) the facts and circumstances that form the basis for the grounds;\n- (d) when the proposed action is intended to take effect;\n- (e) that the holder may make, within a stated period, written submissions to show why the proposed action should not be taken.","sortOrder":625},{"sectionNumber":"sec.316","sectionType":"section","heading":"Automatic cancellation of approval","content":"### sec.316 Automatic cancellation of approval\n\nAn approval that residue waste is exempt waste, granted under section 312, is automatically cancelled if the business of conducting the recycling activity relevant to the approval ceases to be owned by the entity granted the approval, including, for example, because ownership of the business is transferred to another entity.\ns 316 ins 2019 No. 2 s 19","sortOrder":626},{"sectionNumber":"ch.16-pt.3-div.2","sectionType":"division","heading":"Exemption from weighbridge requirements for particular sites until 30 June 2029","content":"## Exemption from weighbridge requirements for particular sites until 30 June 2029","sortOrder":627},{"sectionNumber":"sec.317","sectionType":"section","heading":"Application for exemption from s 57 until 30 June 2029","content":"### sec.317 Application for exemption from s 57 until 30 June 2029\n\nThis section applies to the operator of a levyable waste disposal site in existence at the commencement for which the operator holds an environmental authority for the disposal of not more than 2,000 tonnes of waste in a year at the site.\nThe operator may apply to the chief executive for an exemption during the transition period from the requirements under section 57.\nThe application must—\nbe made before 1 January 2024; and\nbe in the approved form.\nIn this section—\ntransition period means the period starting at the beginning of 1 July 2024 and ending at the end of 30 June 2029.\ns 317 ins 2019 No. 2 s 19\n(sec.317-ssec.1) This section applies to the operator of a levyable waste disposal site in existence at the commencement for which the operator holds an environmental authority for the disposal of not more than 2,000 tonnes of waste in a year at the site.\n(sec.317-ssec.2) The operator may apply to the chief executive for an exemption during the transition period from the requirements under section 57.\n(sec.317-ssec.3) The application must— be made before 1 January 2024; and be in the approved form.\n(sec.317-ssec.4) In this section— transition period means the period starting at the beginning of 1 July 2024 and ending at the end of 30 June 2029.\n- (a) be made before 1 January 2024; and\n- (b) be in the approved form.","sortOrder":628},{"sectionNumber":"sec.318","sectionType":"section","heading":"Chief executive may require additional information or documents","content":"### sec.318 Chief executive may require additional information or documents\n\nWithin 28 days after receiving an application made under section 317, the chief executive may, by notice given to the applicant, require the applicant to give the chief executive further reasonable information or documents about the application by a reasonable day stated in the notice.\nThe application is taken to be withdrawn if the applicant does not give the chief executive the further information or documents by the stated day.\ns 318 ins 2019 No. 2 s 19\n(sec.318-ssec.1) Within 28 days after receiving an application made under section 317, the chief executive may, by notice given to the applicant, require the applicant to give the chief executive further reasonable information or documents about the application by a reasonable day stated in the notice.\n(sec.318-ssec.2) The application is taken to be withdrawn if the applicant does not give the chief executive the further information or documents by the stated day.","sortOrder":629},{"sectionNumber":"sec.319","sectionType":"section","heading":"Deciding application","content":"### sec.319 Deciding application\n\nThe chief executive must decide either to grant or to refuse an application made under section 317 within a period that is reasonable in the circumstances.\nIn deciding the application, the chief executive must consider—\nthe objects of this Act; and\nthe information included in the application.\nA failure to make a decision within a period that is reasonable in the circumstances is taken to be a decision by the chief executive to refuse the application.\ns 319 ins 2019 No. 2 s 19\n(sec.319-ssec.1) The chief executive must decide either to grant or to refuse an application made under section 317 within a period that is reasonable in the circumstances.\n(sec.319-ssec.2) In deciding the application, the chief executive must consider— the objects of this Act; and the information included in the application.\n(sec.319-ssec.3) A failure to make a decision within a period that is reasonable in the circumstances is taken to be a decision by the chief executive to refuse the application.\n- (a) the objects of this Act; and\n- (b) the information included in the application.","sortOrder":630},{"sectionNumber":"sec.320","sectionType":"section","heading":"Grant of application","content":"### sec.320 Grant of application\n\nIf the chief executive grants an application made under section 317, the chief executive must give the applicant a notice stating—\nthe application has been granted; and\nany conditions imposed on the approval.\nAlso, if the chief executive imposes a condition on the approval, the notice must include or be accompanied by an information notice for the decision to impose the condition.\nHowever, subsection (2) does not apply to a condition that is substantially the same as a condition agreed to or asked for by the applicant.\ns 320 ins 2019 No. 2 s 19\n(sec.320-ssec.1) If the chief executive grants an application made under section 317, the chief executive must give the applicant a notice stating— the application has been granted; and any conditions imposed on the approval.\n(sec.320-ssec.2) Also, if the chief executive imposes a condition on the approval, the notice must include or be accompanied by an information notice for the decision to impose the condition.\n(sec.320-ssec.3) However, subsection (2) does not apply to a condition that is substantially the same as a condition agreed to or asked for by the applicant.\n- (a) the application has been granted; and\n- (b) any conditions imposed on the approval.","sortOrder":631},{"sectionNumber":"sec.321","sectionType":"section","heading":"Refusal of application","content":"### sec.321 Refusal of application\n\nIf the chief executive refuses an application made under section 317, the chief executive must give the applicant an information notice for the decision.\ns 321 ins 2019 No. 2 s 19","sortOrder":632},{"sectionNumber":"ch.16-pt.3-div.3","sectionType":"division","heading":"Other matters","content":"## Other matters","sortOrder":633},{"sectionNumber":"sec.322","sectionType":"section","heading":"Exemption from using weighbridge for stated period in stated circumstances","content":"### sec.322 Exemption from using weighbridge for stated period in stated circumstances\n\nUntil the end of 30 June 2020, the operator of a waste disposal site is not obliged to use a weighbridge to measure waste or other material as required under section 59 if—\nthe operator has, before the commencement, given the chief executive written notice that it is not practicable to use the weighbridge to measure and record waste or other material delivered to the site in a vehicle with a GCM or GVM of 4.5 tonnes or less; and\nthe notice mentioned in paragraph (a) identifies the site and explains the steps the operator is taking to ensure it will be practicable to use the weighbridge to measure and record waste or other material at the site by 1 July 2020; and\nthe waste or other material is moved in a vehicle with a GCM or GVM of 4.5 tonnes or less; and\nthe operator complies with the weight measurement requirements prescribed by regulation.\ns 322 ins 2019 No. 2 s 19\n- (a) the operator has, before the commencement, given the chief executive written notice that it is not practicable to use the weighbridge to measure and record waste or other material delivered to the site in a vehicle with a GCM or GVM of 4.5 tonnes or less; and\n- (b) the notice mentioned in paragraph (a) identifies the site and explains the steps the operator is taking to ensure it will be practicable to use the weighbridge to measure and record waste or other material at the site by 1 July 2020; and\n- (c) the waste or other material is moved in a vehicle with a GCM or GVM of 4.5 tonnes or less; and\n- (d) the operator complies with the weight measurement requirements prescribed by regulation.","sortOrder":634},{"sectionNumber":"sec.323","sectionType":"section","heading":"Volumetric survey of levyable waste disposal site to be carried out within stated period","content":"### sec.323 Volumetric survey of levyable waste disposal site to be carried out within stated period\n\nBetween 1 June 2019 and the end of August 2019, the operator of a levyable waste disposal site in the waste levy zone must—\nensure that a volumetric survey is carried out for—\neach active landfill cell at the site; and\nall stockpiled waste at the site; and\ngive the chief executive a copy of the results of the survey in the approved form.\nMaximum penalty—200 penalty units.\nThe volumetric survey must be carried out in compliance with the requirements prescribed by regulation.\nThe results of the volumetric survey must—\nbe in electronic form; and\ninclude a topographical plan complying with specifications advised by the chief executive; and\ninclude details of the following—\nthe area of the levyable waste disposal site;\nthe site’s landfill capacity;\nthe stockpiles of waste at the site; and\nbe certified as accurate by a surveyor under the Surveyors Act 2003 .\nAfter carrying out the volumetric survey under this section, the operator must ensure that a copy of the results of the survey is kept as a document in hard copy form at the levyable waste disposal site for at least 5 years after the survey is carried out.\nMaximum penalty—200 penalty units.\nSubsections (6) and (7) apply if the operator of a levyable waste disposal site fails to comply with subsection (1).\nThe chief executive may arrange for the volumetric survey to be carried out at the site and for that purpose may direct an authorised person to enter the site and carry out the survey.\nThe chief executive may recover the cost of carrying out the volumetric survey from the operator as a debt payable by the operator to the State.\ns 323 ins 2019 No. 2 s 19\n(sec.323-ssec.1) Between 1 June 2019 and the end of August 2019, the operator of a levyable waste disposal site in the waste levy zone must— ensure that a volumetric survey is carried out for— each active landfill cell at the site; and all stockpiled waste at the site; and give the chief executive a copy of the results of the survey in the approved form. Maximum penalty—200 penalty units.\n(sec.323-ssec.2) The volumetric survey must be carried out in compliance with the requirements prescribed by regulation.\n(sec.323-ssec.3) The results of the volumetric survey must— be in electronic form; and include a topographical plan complying with specifications advised by the chief executive; and include details of the following— the area of the levyable waste disposal site; the site’s landfill capacity; the stockpiles of waste at the site; and be certified as accurate by a surveyor under the Surveyors Act 2003 .\n(sec.323-ssec.4) After carrying out the volumetric survey under this section, the operator must ensure that a copy of the results of the survey is kept as a document in hard copy form at the levyable waste disposal site for at least 5 years after the survey is carried out. Maximum penalty—200 penalty units.\n(sec.323-ssec.5) Subsections (6) and (7) apply if the operator of a levyable waste disposal site fails to comply with subsection (1).\n(sec.323-ssec.6) The chief executive may arrange for the volumetric survey to be carried out at the site and for that purpose may direct an authorised person to enter the site and carry out the survey.\n(sec.323-ssec.7) The chief executive may recover the cost of carrying out the volumetric survey from the operator as a debt payable by the operator to the State.\n- (a) ensure that a volumetric survey is carried out for— (i) each active landfill cell at the site; and (ii) all stockpiled waste at the site; and\n- (i) each active landfill cell at the site; and\n- (ii) all stockpiled waste at the site; and\n- (b) give the chief executive a copy of the results of the survey in the approved form.\n- (i) each active landfill cell at the site; and\n- (ii) all stockpiled waste at the site; and\n- (a) be in electronic form; and\n- (b) include a topographical plan complying with specifications advised by the chief executive; and\n- (c) include details of the following— (i) the area of the levyable waste disposal site; (ii) the site’s landfill capacity; (iii) the stockpiles of waste at the site; and\n- (i) the area of the levyable waste disposal site;\n- (ii) the site’s landfill capacity;\n- (iii) the stockpiles of waste at the site; and\n- (d) be certified as accurate by a surveyor under the Surveyors Act 2003 .\n- (i) the area of the levyable waste disposal site;\n- (ii) the site’s landfill capacity;\n- (iii) the stockpiles of waste at the site; and","sortOrder":635},{"sectionNumber":"sec.324","sectionType":"section","heading":"Volumetric survey of resource recovery area to be carried out within stated period","content":"### sec.324 Volumetric survey of resource recovery area to be carried out within stated period\n\nBetween 1 June 2019 and the end of August 2019 , the entity having responsibility for the operation of a resource recovery area for a waste disposal site in the waste levy zone must—\nensure that a volumetric survey is carried out for all stockpiled waste at the area; and\ngive the chief executive a copy of the results of the survey in the approved form.\nMaximum penalty—200 penalty units.\nThe volumetric survey must be carried out in compliance with the requirements prescribed by regulation.\nThe results of the volumetric survey must—\nbe in electronic form; and\ninclude a topographical plan complying with specifications advised by the chief executive; and\ninclude details of the following—\nthe area of the resource recovery area;\nthe stockpiles of waste at the area; and\nbe certified as accurate by a surveyor under the Surveyors Act 2003 .\nAfter carrying out the volumetric survey under this section, the entity must ensure that a copy of the results of the survey is kept as a document in hard copy form at the levyable waste disposal site for at least 5 years after the survey is carried out.\nMaximum penalty—200 penalty units.\nSubsections (6) and (7) apply if an entity having responsibility for the operation of a resource recovery area fails to comply with subsection (1).\nThe chief executive may arrange for the volumetric survey to be carried out at the resource recovery area and for that purpose may direct an authorised person to enter the area and carry out the survey.\nThe chief executive may recover the cost of the volumetric survey from the entity as a debt payable by the entity to the State.\ns 324 ins 2019 No. 2 s 19\n(sec.324-ssec.1) Between 1 June 2019 and the end of August 2019 , the entity having responsibility for the operation of a resource recovery area for a waste disposal site in the waste levy zone must— ensure that a volumetric survey is carried out for all stockpiled waste at the area; and give the chief executive a copy of the results of the survey in the approved form. Maximum penalty—200 penalty units.\n(sec.324-ssec.2) The volumetric survey must be carried out in compliance with the requirements prescribed by regulation.\n(sec.324-ssec.3) The results of the volumetric survey must— be in electronic form; and include a topographical plan complying with specifications advised by the chief executive; and include details of the following— the area of the resource recovery area; the stockpiles of waste at the area; and be certified as accurate by a surveyor under the Surveyors Act 2003 .\n(sec.324-ssec.4) After carrying out the volumetric survey under this section, the entity must ensure that a copy of the results of the survey is kept as a document in hard copy form at the levyable waste disposal site for at least 5 years after the survey is carried out. Maximum penalty—200 penalty units.\n(sec.324-ssec.5) Subsections (6) and (7) apply if an entity having responsibility for the operation of a resource recovery area fails to comply with subsection (1).\n(sec.324-ssec.6) The chief executive may arrange for the volumetric survey to be carried out at the resource recovery area and for that purpose may direct an authorised person to enter the area and carry out the survey.\n(sec.324-ssec.7) The chief executive may recover the cost of the volumetric survey from the entity as a debt payable by the entity to the State.\n- (a) ensure that a volumetric survey is carried out for all stockpiled waste at the area; and\n- (b) give the chief executive a copy of the results of the survey in the approved form.\n- (a) be in electronic form; and\n- (b) include a topographical plan complying with specifications advised by the chief executive; and\n- (c) include details of the following— (i) the area of the resource recovery area; (ii) the stockpiles of waste at the area; and\n- (i) the area of the resource recovery area;\n- (ii) the stockpiles of waste at the area; and\n- (d) be certified as accurate by a surveyor under the Surveyors Act 2003 .\n- (i) the area of the resource recovery area;\n- (ii) the stockpiles of waste at the area; and","sortOrder":636},{"sectionNumber":"sec.325","sectionType":"section","heading":"Temporary relaxation from s 59 measuring requirements for small site","content":"### sec.325 Temporary relaxation from s 59 measuring requirements for small site\n\nUntil the end of 30 June 2021, the operator of a small site is not obliged to measure waste as required under section 59 if—\nthe operator has, before the commencement, given the chief executive written notice of a proposed alternative methodology for measuring and recording waste at the site; and\nthe notice mentioned in paragraph (a) identifies the site and includes details of the proposed alternative methodology; and\nthe proposed alternative methodology enables the operator to fairly work out the total of the waste levy amount owing to the chief executive on waste delivered, or moved from stockpile to landfill, at the site; and\nthe operator is implementing the alternative methodology in accordance with its terms.\ns 325 ins 2019 No. 2 s 19\n- (a) the operator has, before the commencement, given the chief executive written notice of a proposed alternative methodology for measuring and recording waste at the site; and\n- (b) the notice mentioned in paragraph (a) identifies the site and includes details of the proposed alternative methodology; and\n- (c) the proposed alternative methodology enables the operator to fairly work out the total of the waste levy amount owing to the chief executive on waste delivered, or moved from stockpile to landfill, at the site; and\n- (d) the operator is implementing the alternative methodology in accordance with its terms.","sortOrder":637},{"sectionNumber":"ch.16-pt.4","sectionType":"part","heading":"Transitional provisions for Environmental Protection and Other Legislation Amendment Act 2023","content":"# Transitional provisions for Environmental Protection and Other Legislation Amendment Act 2023","sortOrder":638},{"sectionNumber":"sec.326","sectionType":"section","heading":"Definitions for part","content":"### sec.326 Definitions for part\n\nIn this part—\namending Act means the Environmental Protection and Other Legislation Amendment Act 2023 .\nformer , in relation to a provision, means the provision as in force immediately before the commencement.\ns 326 ins 2023 No. 6 s 134","sortOrder":639},{"sectionNumber":"sec.327","sectionType":"section","heading":"Day that decision to amend end of waste code takes effect","content":"### sec.327 Day that decision to amend end of waste code takes effect\n\nThis section applies if—\nbefore the commencement, the chief executive decided to amend an end of waste code under section 172(5); and\nimmediately before the commencement, the decision had not yet taken effect for a registered resource producer for the code under former section 172(7).\nThe decision takes effect for the registered resource producer for the end of waste code on the later of the following days—\nthe day the decision would have taken effect for the producer under former section 172(7) if the amending Act had not been enacted;\nthe day the amended end of waste code takes effect under section 173(4).\ns 327 ins 2023 No. 6 s 134\n(sec.327-ssec.1) This section applies if— before the commencement, the chief executive decided to amend an end of waste code under section 172(5); and immediately before the commencement, the decision had not yet taken effect for a registered resource producer for the code under former section 172(7).\n(sec.327-ssec.2) The decision takes effect for the registered resource producer for the end of waste code on the later of the following days— the day the decision would have taken effect for the producer under former section 172(7) if the amending Act had not been enacted; the day the amended end of waste code takes effect under section 173(4).\n- (a) before the commencement, the chief executive decided to amend an end of waste code under section 172(5); and\n- (b) immediately before the commencement, the decision had not yet taken effect for a registered resource producer for the code under former section 172(7).\n- (a) the day the decision would have taken effect for the producer under former section 172(7) if the amending Act had not been enacted;\n- (b) the day the amended end of waste code takes effect under section 173(4).","sortOrder":640},{"sectionNumber":"sec.328","sectionType":"section","heading":"Decision-making and extension period for existing amendment applications","content":"### sec.328 Decision-making and extension period for existing amendment applications\n\nThis section applies if—\nbefore the commencement, an application was made under section 173M(1); and\nimmediately before the commencement, the period for deciding the application under former section 173M(4)(a) or (b) had not ended.\nFormer section 173M(4) continues to apply for deciding the application as if the amending Act had not been enacted.\ns 328 ins 2023 No. 6 s 134\n(sec.328-ssec.1) This section applies if— before the commencement, an application was made under section 173M(1); and immediately before the commencement, the period for deciding the application under former section 173M(4)(a) or (b) had not ended.\n(sec.328-ssec.2) Former section 173M(4) continues to apply for deciding the application as if the amending Act had not been enacted.\n- (a) before the commencement, an application was made under section 173M(1); and\n- (b) immediately before the commencement, the period for deciding the application under former section 173M(4)(a) or (b) had not ended.","sortOrder":641},{"sectionNumber":"sec.329","sectionType":"section","heading":"Decision-making period for existing transfer application","content":"### sec.329 Decision-making period for existing transfer application\n\nThis section applies if—\nbefore the commencement, an application was made under section 173O(1); and\nimmediately before the commencement, the period for deciding the application under former section 173O(3) had not ended.\nFormer section 173O(3) continues to apply for deciding the application as if the amending Act had not been enacted.\ns 329 ins 2023 No. 6 s 134\n(sec.329-ssec.1) This section applies if— before the commencement, an application was made under section 173O(1); and immediately before the commencement, the period for deciding the application under former section 173O(3) had not ended.\n(sec.329-ssec.2) Former section 173O(3) continues to apply for deciding the application as if the amending Act had not been enacted.\n- (a) before the commencement, an application was made under section 173O(1); and\n- (b) immediately before the commencement, the period for deciding the application under former section 173O(3) had not ended.","sortOrder":642},{"sectionNumber":"ch.16-pt.5","sectionType":"part","heading":"Transitional provisions for Waste Reduction and Recycling and Other Legislation Amendment Act 2023","content":"# Transitional provisions for Waste Reduction and Recycling and Other Legislation Amendment Act 2023","sortOrder":643},{"sectionNumber":"sec.330","sectionType":"section","heading":"Application of part","content":"### sec.330 Application of part\n\nThis part applies if, before the commencement, an annual payment was made to a local government under former section 73D(1).\ns 330 ins 2023 No. 15 s 20","sortOrder":644},{"sectionNumber":"sec.331","sectionType":"section","heading":"Definitions for part","content":"### sec.331 Definitions for part\n\nIn this part—\nformer , for a provision of this Act, means the provision as in force from time to time before the commencement.\nnew , for a provision of this Act, means the provision as in force from the commencement.\ns 331 ins 2023 No. 15 s 20","sortOrder":645},{"sectionNumber":"sec.332","sectionType":"section","heading":"Application of new s 73DC in relation to annual payments made before commencement","content":"### sec.332 Application of new s 73DC in relation to annual payments made before commencement\n\nThis section applies if, immediately before the commencement, the local government had not used all of the annual payment as required under former section 73D(2).\nNew section 73DC applies in relation to the unused amount of the annual payment as if it were an amount paid to the local government under new section 73DA(2).\ns 332 ins 2023 No. 15 s 20\n(sec.332-ssec.1) This section applies if, immediately before the commencement, the local government had not used all of the annual payment as required under former section 73D(2).\n(sec.332-ssec.2) New section 73DC applies in relation to the unused amount of the annual payment as if it were an amount paid to the local government under new section 73DA(2).","sortOrder":646},{"sectionNumber":"sec.333","sectionType":"section","heading":"Application of new s 73DD in relation to annual payments made before commencement","content":"### sec.333 Application of new s 73DD in relation to annual payments made before commencement\n\nNew section 73DD applies in relation to the annual payment as if it were an amount paid to the local government under new section 73DA(2).\nHowever, the local government is taken to have complied with new section 73DD(1) in relation to an entity if, before the commencement—\n1 or more rate notices issued to the entity by the local government, after receiving the annual payment, included a statement of the matters mentioned in former section 73D(4) in relation to the payment; or\nthe local government informed the entity of the amount paid and the purpose of the annual payment as mentioned in former section 73D(5).\ns 333 ins 2023 No. 15 s 20\n(sec.333-ssec.1) New section 73DD applies in relation to the annual payment as if it were an amount paid to the local government under new section 73DA(2).\n(sec.333-ssec.2) However, the local government is taken to have complied with new section 73DD(1) in relation to an entity if, before the commencement— 1 or more rate notices issued to the entity by the local government, after receiving the annual payment, included a statement of the matters mentioned in former section 73D(4) in relation to the payment; or the local government informed the entity of the amount paid and the purpose of the annual payment as mentioned in former section 73D(5).\n- (a) 1 or more rate notices issued to the entity by the local government, after receiving the annual payment, included a statement of the matters mentioned in former section 73D(4) in relation to the payment; or\n- (b) the local government informed the entity of the amount paid and the purpose of the annual payment as mentioned in former section 73D(5).","sortOrder":647},{"sectionNumber":"sec.334","sectionType":"section","heading":"Application of new s 73DE if misinformation distributed in relation to annual payments made before commencement","content":"### sec.334 Application of new s 73DE if misinformation distributed in relation to annual payments made before commencement\n\nNew section 73DE applies in relation to the annual payment—\nas if the payment were an amount paid to the local government under new section 73DA(2); and\nwhether the misinformation is believed to have been distributed before or after the commencement.\nHowever, a statement made before the commencement in relation to the annual payment is misinformation distributed in relation to the payment only if the statement would have been misinformation within the meaning of former section 73D.\ns 334 ins 2023 No. 15 s 20\n(sec.334-ssec.1) New section 73DE applies in relation to the annual payment— as if the payment were an amount paid to the local government under new section 73DA(2); and whether the misinformation is believed to have been distributed before or after the commencement.\n(sec.334-ssec.2) However, a statement made before the commencement in relation to the annual payment is misinformation distributed in relation to the payment only if the statement would have been misinformation within the meaning of former section 73D.\n- (a) as if the payment were an amount paid to the local government under new section 73DA(2); and\n- (b) whether the misinformation is believed to have been distributed before or after the commencement.","sortOrder":648}],"analysis":{"kimi_summary":{"_metrics":{"completionTokens":952},"content_quality":"ok","complexity_score":9,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly from its original 2011 scope. The original Act focused on waste management strategy, priority products, and basic littering offences. Major expansions include: the waste levy system (Chapter 3, substantially amended 2019), banned plastic bags (2017), single-use plastic items (2021), lighter-than-air balloons (2023), and the comprehensive beverage container refund scheme (2017). The 2023 amendments also added circular economy principles throughout. The Act has evolved from a framework statute to a detailed regulatory scheme with economic instruments, product bans, and a deposit-return system."},"complexity_factors":["Extensive cross-referencing between chapters and sections (e.g., container refund scheme spans multiple divisions with interdependent definitions)","Multiple nested exemption categories for waste levy with conditional logic (disaster waste, serious local events, asbestos types, biosecurity waste, charitable recycling)","Detailed procedural requirements for approvals, agreements, and declarations with specific timeframes (e.g., 28-day submission periods, 5-year record keeping)","Complex zone-based levy system with different rules for waste levy zone vs non-levy zone, including origin-tracking requirements for mixed waste","Product stewardship scheme with dual voluntary/regulated pathways and accreditation criteria","Container refund scheme with three-layer agreement structure (recovery, collection, material recovery) and multiple payment mechanisms","Extensive definitions section with recursive references (e.g., 'waste' defined by reference to 'resource' defined in Chapter 8)","Multiple review and reporting obligations with varying frequencies (quarterly, annual, 3-yearly, 10-yearly)","Penalty unit-based offences with tiered penalties based on volume thresholds and offence type","Integration with other legislation (Environmental Protection Act, Corporations Act, Competition and Consumer Act) requiring concurrent operation analysis"],"plain_english_summary":"This is Queensland's **Waste Reduction and Recycling Act 2011**, a comprehensive law designed to reduce waste going to landfill and promote a \"circular economy\" where materials are reused and recycled rather than discarded.\n\n**What it does:**\n\n- **Sets the policy framework** — Establishes guiding principles like the \"waste hierarchy\" (avoid, reduce, reuse, recycle, recover, treat, dispose) and concepts like \"polluter pays\" and \"product stewardship\" (shared responsibility across a product's lifecycle).\n\n- **Creates a waste levy** — Operators of waste disposal sites in designated \"waste levy zones\" must pay a levy on waste delivered to their sites. This makes dumping waste more expensive and encourages alternatives. The levy has complex rules about exemptions (for things like disaster waste, asbestos, or charitable donations), discounts for recycling residue, and payment instalment options.\n\n- **Bans problematic products** — Prohibits retailers from giving out thin plastic shopping bags and bans single-use plastic items like plates, bowls, cutlery, straws, stirrers, and expanded polystyrene containers. It also bans releasing lighter-than-air balloons into the environment.\n\n- **Establishes a container refund scheme** — Creates a 10-cent refund system for empty beverage containers, administered by a Product Responsibility Organisation (a not-for-profit company). Manufacturers fund the scheme, and consumers can return containers to refund points for cash.\n\n- **Promotes product stewardship** — Allows voluntary schemes where industry takes responsibility for managing products at end-of-life, with the threat of regulated (mandatory) schemes if voluntary action fails.\n\n- **Criminalises littering and illegal dumping** — Creates offences for littering (under 200 litres) and illegal dumping (200 litres or more), with higher penalties for \"dangerous littering.\"\n\n- **Regulates advertising material** — Controls unsolicited junk mail and requires secure delivery.\n\n**Who it affects:**\n\n- **Waste facility operators** — Must install weighbridges, keep detailed records, pay levies, and comply with volumetric surveys.\n- **Local governments** — Receive payments to offset levy impacts on households and must use funds appropriately.\n- **Manufacturers and retailers** — Must comply with container refund obligations, product bans, and potentially join stewardship schemes.\n- **Consumers** — Can claim container refunds and are prohibited from littering or releasing balloons.\n\n**Why it matters:**\n\nThe Act uses economic incentives (the waste levy), market mechanisms (container refunds), and direct prohibitions to shift Queensland toward less waste, more recycling, and reduced environmental harm from discarded materials."},"summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The original 2011 Act focused primarily on waste reduction, recycling, landfill levies, and strategic planning. Over successive amendments (notably in 2019 and 2023), the scope broadened considerably to incorporate circular economy principles, end-of-waste frameworks, serious local event waste exemptions, resource recovery area concepts, and explicit circular economy transition goals. What began as a waste management and levy Act has evolved into a broader resource management and circular economy framework, reflecting a shift from managing waste as a problem to treating materials as ongoing economic resources."},"complexity_factors":["Multiple interlocking chapters covering levy mechanics, strategic planning, enforcement, product stewardship, and end-of-waste frameworks — each with its own sub-regime","Extensive and layered definitions (e.g. 'waste' itself has complex inclusions, exclusions, and 'deemed waste' provisions that depend on context)","The waste levy system involves geographic zones, exempt waste categories, discounted rates, residue waste rules, instalment agreements, bad debt credits, and complex calculation methods set by regulation","Heavy reliance on subordinate regulations (rates, criteria, exemptions, and classifications are largely prescribed by regulation, not in the Act itself), making it impossible to fully understand the law from the Act alone","Multiple overlapping exemption pathways for the waste levy (disaster waste, serious local event waste, chief executive declarations, approved applications), each with different procedures and conditions","Cross-references to numerous other Queensland Acts (Environmental Protection Act, Disaster Management Act, Biosecurity Act, Work Health and Safety Act, Forestry Act, Public Health Act, etc.)","Significant amendments over time (2012, 2013, 2014, 2019, 2023) have added and replaced provisions, making it hard to read the law as a coherent whole without tracking the amendment history","Circular economy and 'end of waste' provisions introduce complex questions about when something stops being 'waste' and becomes a 'resource', with legal consequences","Different rules apply depending on whether a site is in the 'waste levy zone' or 'non-levy zone', and whether waste was generated inside or outside those zones"],"plain_english_summary":"## Waste Reduction and Recycling Act 2011 (Queensland)\n\n### What is this law?\nThis is Queensland's main law for managing waste and encouraging recycling. It sets out how Queensland plans to reduce the amount of rubbish that ends up in landfill (buried in the ground permanently), and how it wants to move toward a **circular economy** — a system where products and materials are kept in use for as long as possible, rather than being thrown away.\n\n### Who does it affect?\n- **Businesses and industry** that generate waste, manufacture products, or operate waste facilities\n- **Local councils**, which must prepare waste management plans and notify the government about local disaster waste\n- **Landfill operators**, who must pay a **waste levy** (a fee charged per tonne of waste dropped off at their site) to the State government\n- **Everyday Queenslanders**, through rules about littering, illegal dumping, and the general culture of recycling and waste reduction\n- **The State government itself**, which is bound by the law (though it can't be prosecuted for offences)\n\n### Key things this law does:\n\n**1. Sets a \"waste hierarchy\"** — a priority order for how waste should be handled:\n- First: *Avoid* creating waste at all\n- Then: *Reduce*, *Re-use*, *Recycle*, *Recover* energy\n- Then: *Treat* before disposal\n- Last resort only: *Dispose* to landfill\n\n**2. Promotes a circular economy** — manufacturers are encouraged (and eventually may be required) to design products that can be repaired, refurbished, or remanufactured rather than thrown away.\n\n**3. Introduces a waste levy** — landfill operators in certain zones must pay the government a fee for every tonne of non-exempt waste deposited. This is meant to make landfill more expensive so businesses and councils have a financial incentive to recycle instead. Some waste is **exempt** from the levy, including:\n- Disaster-related waste (e.g. after floods or cyclones)\n- Asbestos waste (if properly handled)\n- Dredge spoil (material removed from waterways)\n- Waste donated to charities that can't be recycled or sold\n- Biosecurity waste\n\n**4. Requires a State Waste Management Strategy** — the government must create, publicly consult on, and regularly review a long-term plan for waste reduction across Queensland.\n\n**5. Requires waste management plans** from local councils and industries.\n\n**6. Sets key principles** everyone must follow:\n- **Polluter pays**: The person or business that creates the waste pays the costs of managing it\n- **User pays**: The true cost of using resources (including environmental costs) should be reflected in prices\n- **Proximity principle**: Waste should be dealt with as close to where it was generated as possible\n- **Product stewardship**: Everyone involved in making, selling, or using a product shares responsibility for what happens when it becomes waste\n\n**7. Bans certain types of waste disposal** and creates rules around illegal dumping and littering.\n\n**8. Provides enforcement powers**, including appointing authorised officers to investigate and enforce the law.\n\n### Why does this matter to you?\nIf you run a business that generates significant waste, you may face levy costs, reporting requirements, and obligations to track your waste. If you manufacture products, you may be expected to design them for reuse. Local councils have specific planning duties. For ordinary residents, this law shapes the recycling systems and waste services available to you — and sets the legal boundaries around what you can and can't do with rubbish."}},"importantCases":[],"_links":{"self":"/api/acts/waste-reduction-and-recycling-act-2011","history":"/api/acts/waste-reduction-and-recycling-act-2011/history","analysis":"/api/acts/waste-reduction-and-recycling-act-2011/analysis","conflicts":"/api/acts/waste-reduction-and-recycling-act-2011/conflicts","importantCases":"/api/acts/waste-reduction-and-recycling-act-2011/important-cases","documents":"/api/acts/waste-reduction-and-recycling-act-2011/documents"}}