Waste Local Law 2017
!2017071GG! 1953 ISSN 1448-949X (print) ISSN 2204-4264 (online) PRINT POST APPROVED PP665002/00041 PERTH, FRIDAY, 31 MARCH 2017 No. 71 SPECIAL PUBLISHED BY AUTHORITY KEVIN J. McRAE, GOVERNMENT PRINTER AT 12.30 PM © STATE OF WESTERN AUSTRALIA WESTERN AUSTRALIAN GOVERNMENT WASTE AVOIDANCE AND RESOURCE RECOVERY ACT 2007 LOCAL GOVERNMENT ACT 1995
TOWN OF EAST FREMANTLE ——————————— WASTE LOCAL LAW 2017
31 March 2017 GOVERNMENT GAZETTE, WA 1955 WASTE AVOIDANCE AND RESOURCE RECOVERY ACT 2007 LOCAL GOVERNMENT ACT 1995 TOWN OF EAST FREMANTLE WASTE LOCAL LAW 2017 Under the powers conferred on it by the Waste Avoidance and Resource Recovery Act 2007 and the Local Government Act 1995 and under all other enabling powers, the Council of the Town of East Fremantle resolved on 21 March 2017 to make the following local law. PART 1—PRELIMINARY 1.1 Short title This is the Town of East Fremantle Waste Local Law 2017. 1.2 Commencement This local law commences 14 days after the day on which it is published in the Government Gazette. 1.3 Application This local law applies throughout the district. 1.4 Repeal The following local laws are repealed— (1) The Municipality of East Fremantle By-law Relating to Clearing of Rubbish, Inflammable Matter and Other Substances on Land, published in the Government Gazette on 2 April 1958; and (2) The Town of East Fremantle By-laws Relating to Depositing and Removal of Refuse, Rubbish, Litter and Disused Materials published in the Government Gazette on 4 January 1985 and as amended in the Government Gazette on 2 April 1993. 1.5 Meaning of terms used in this local law (1) In this local law— authorised person means a person appointed by the local government under section 9.10 of the LG Act to perform any of the functions of an authorised person under this local law; collectable waste means local government waste that is not— (a) liquid refuse; (b) liquid waste; or (c) non-collectable waste; collectable waste receptacle means a receptacle for the deposit and collection of collectable waste that is— (a) a recycling waste receptacle; (b) a general waste receptacle; or (c) an organic waste receptacle; collection, when used in relation to a receptacle, means the collection and removal of collectable waste from the receptacle by the local government or its contractor; collection day means the day determined by the local government for the collection of collectable waste in the district or a part of the district; collection time means the time on the collection day determined by the local government for the collection of collectable waste in the district or a part of the district; costs of the local government include administrative costs; district means the district of the local government; general waste receptacle means a receptacle for the deposit and collection of collectable waste that is not recycling waste;
1956 GOVERNMENT GAZETTE, WA 31 March 2017 LG Act means the Local Government Act 1995; LG Regulations means the Local Government (Functions and General) Regulations 1996; local government means the Town of East Fremantle; local government waste has the same meaning as in the WARR Act; non-collectable waste has the meaning set out in Schedule 1; occupier in relation to premises, means any or all of the following— (a) a person by whom or on whose behalf the premises are actually occupied; or (b) a person having the management or control of the premises; organic waste means waste that decomposes readily, such as garden waste or food waste; organic waste receptacle means a receptacle for the deposit and collection of organic waste; owner has the same meaning as in the LG Act; penalty unit means the amount prescribed by the local government as a standard penalty unit in the Town of East Fremantle Penalty Units Local Law 2016; public place includes a place to which the public ordinarily have access, whether or not by payment of a fee; receptacle means a receptacle— (a) that has been supplied for the use of the premises by the local government or its contractor, or which has otherwise been approved by the local government; and (b) the waste from which is collected and removed from the premises by the local government or its contractor; recycling waste receptacle means a receptacle for the deposit and collection of recycling waste; recycling waste means— (a) paper and cardboard; (b) plastic containers comprised of polyethylene terephthalate or high density polyethylene; (c) glass containers; (d) steel containers; (e) aluminium containers; (f) liquid paper board; and (g) any other waste determined by the local government to be recycling waste; specified means specified by the local government or an authorised person, as the case may be; street alignment means the boundary between the land comprising a street and the land that abuts the street; WARR Act means the Waste Avoidance and Resource Recovery Act 2007; waste has the same meaning as in the WARR Act; waste service has the same meaning as in the WARR Act; and vectors of disease includes fleas, flies, bedbugs, cockroaches, lice and any other insect prescribed by the local government. (2) Where, in this local law, a duty or liability is imposed on an owner or occupier, or on an owner and occupier, the duty or liability is taken to be imposed jointly and severally on each of the owners or occupiers. 1.6 Local public notice of determinations Where, under this local law, the local government has a power to determine a matter— (1) local public notice, under section 1.7 of the LG Act, must be given of the matter determined; (2) the determination becomes effective only after local public notice has been given; (3) the determination remains in force for the period of one year after the date that local public notice has been given under paragraph (1); (4) after the period referred to in paragraph (3), the determination continues in force only if, and for so long as, it is the subject of local public notice, given annually, under section 1.7 of the LG Act; and (5) the determination must be recorded in a publicly accessible register of determinations that must be maintained by the local government. 1.7 Rates, fees and charges The local government’s powers to impose rates, fees and charges in relation to waste services are set out in sections 66 to 68 of the WARR Act and section 6.16 and 6.17 of the LG Act. 1.8 Power to provide waste services The local government’s power to provide, or enter into a contract for the provision of waste services is dealt with in section 50 of the WARR Act.
31 March 2017 GOVERNMENT GAZETTE, WA 1957 PART 2—LOCAL GOVERNMENT WASTE 2.1 Supply of receptacles (1) The local government is to supply, for the use of each premises that are, or are capable of being, occupied or used for residential purposes, one or more receptacles for the collection and removal, from those premises, of collectable waste. (2) The owner of premises to which subclause (1) applies must take all reasonable steps to— (a) ensure that the fee or charge (if any) imposed by the local government in relation to each receptacle is paid to the local government; and (b) ensure that each receptacle is used, in respect of those premises, in accordance with this local law. 2.2 Deposit of waste in receptacles (1) An owner or occupier of premises must not deposit or permit to be deposited in a receptacle any non-collectable waste. (2) A person must not deposit waste in a receptacle that has been provided for the use of other premises without the consent of the owner or occupier of those premises. 2.3 General waste receptacles (1) An owner or occupier of premises must not deposit or permit to be deposited in a general waste receptacle— (a) where the receptacle has a capacity of 240 litres—more than 70 kilograms of collectable waste; or (b) where the receptacle has any other capacity—more than the weight determined by the local government. (2) Where the local government supplies recycling waste receptacles, an owner or occupier of premises must not deposit or permit to be deposited in a general waste receptacle any recycling waste. (3) Where the local government supplies organic waste receptacles, an owner or occupier of premises must not deposit or permit to be deposited in a general waste receptacle any organic waste. 2.4 Recycling waste receptacles An owner or occupier of premises must not deposit or permit to be deposited in a recycling waste receptacle— (a) anything other than the particular type of recycling waste for which that receptacle was provided by the local government for those premises; (b) where the receptacle has a capacity of 240 litres—more than 70 kilograms of recycling waste; or (c) where the receptacle has any other capacity—more than the weight determined by the local government. 2.5 Direction to place or remove a receptacle (1) The local government or an authorised person may give a written direction to an owner or occupier of specified premises— (a) to place a receptacle in respect of those premises for collection; or (b) to remove a receptacle in respect of those premises after collection. (2) The direction under subclause (1) may specify when the placement or removal is to occur, or where the receptacle is to be placed, or both. (3) An owner or occupier of premises must comply with a direction given under this clause. 2.6 Duties of owner or occupier An owner or occupier of premises must— (a) except for a reasonable period before and after collection time, keep each receptacle in a storage space or area that is behind the street alignment; (b) take reasonable steps, if placing a receptacle for collection on the verge adjoining the premises, or other area as determined by the local government, to ensure that, within a reasonable period before collection time, each receptacle— (i) is within 1 metre of the carriageway; (ii) does not unduly obstruct any footpath, cycle way, right-of-way or carriageway; and (iii) is facing squarely to the edge of and opening towards the carriageway, or in such other position as is approved in writing by the local government or an authorised person; (c) take reasonable steps to ensure that the premises are provided with an adequate number of receptacles; and (d) if the receptacle is lost, stolen, damaged or defective, notify the local government, as soon as practicable, after the event. 2.7 Exemption (1) An owner or occupier of premises may apply in writing to the local government for an exemption from compliance with the requirements of clause 2.6(a) or (b).
1958 GOVERNMENT GAZETTE, WA 31 March 2017 (2) The local government or an authorised person may grant, with or without conditions, or refuse an application for exemption from compliance under this clause. (3) An exemption granted under this clause must state— (a) the premises to which the exemption applies; (b) the period during which the exemption applies; and (c) any conditions imposed by the local government or the authorised person. (4) An exemption granted under this clause ceases to apply— (a) if the local government decides, on reasonable grounds, that there has been a failure to comply with a condition of the exemption; and (b) from the date that the local government informs the owner or occupier of its decision under clause 2.7(4)(a). 2.8 Damaging or removing receptacles A person, other than the local government or its contractor, must not— (a) damage, destroy or interfere with a receptacle; or (b) remove a receptacle from any premises to which it was delivered by the local government or its contractor except as permitted by this local law or as authorised by the local government or an authorised person,. 2.9 Verge collections (1) Where the local government has advertised a verge waste collection (such as a green waste, or a bulk waste, verge collection) a person, unless with and in accordance with the approval of the local government or an authorised person— (a) must deposit waste only during the period of time, and in accordance with other terms and conditions, as advertised by the local government in relation to that verge waste collection; and (b) must otherwise comply with those terms and conditions. (2) Where waste has been deposited on a verge for a verge waste collection, a person must not remove any of that waste for a commercial purpose but may remove it for any other purpose. (3) Except where waste is lawfully removed from a verge under this clause, a person must not disassemble or tamper with any waste deposited on a verge for a verge waste collection so as to increase the risk of harm to any person. (4) Clause 2.9(2) does not apply to the local government or a person engaged or contracted by the local government in relation to the verge waste collection. PART 3—GENERAL DUTIES 3.1 Duties of an owner or occupier An owner or occupier of premises must— (a) take all reasonable steps to ensure that an adequate number of receptacles are provided to contain all waste which accumulates or may accumulate in or from the premises; (b) take all reasonable steps to ensure that each receptacle is kept in good condition and repair; (c) take all reasonable steps to— (i) prevent fly breeding and keep each receptacle free of flies, maggots, cockroaches, rodents and other vectors of disease; (ii) prevent the emission of offensive or noxious odours from each receptacle; and (iii) ensure that each receptacle does not cause a nuisance to an occupier of adjoining premises; and (d) whenever directed to do so by the local government or an authorised person, thoroughly clean, disinfect, deodorise and apply a residual insecticide to each receptacle; and (e) if directed by an authorised person, remove any waste from a receptacle that has not been properly deposited in that receptacle in accordance with this local law or a permit. 3.2 Removal of waste from premises (1) A person must not remove any waste from premises unless that person is— (a) the owner or occupier of the premises; (b) authorised to do so by the owner or occupier of the premises; or (c) authorised in writing to do so by the local government or an authorised person. (2) A person must not remove any waste from a receptacle without the approval of— (a) the local government or an authorised person; or (b) the owner or occupier of the premises at which the receptacle is ordinarily kept. 3.3 Receptacles for public use A person must not, without the approval of the local government or an authorised person— (a) deposit household, commercial or other waste from any premises on or into; or (b) remove any waste from, a receptacle provided for the use of the general public in a public place.
31 March 2017 GOVERNMENT GAZETTE, WA 1959 3.4 Waste control on building sites (1) In this clause— building work means— (a) building work for which a building permit is required under the Building Act 2011; and (b) demolition work for which a demolition permit is required under the Building Act 2011; building work waste means all waste from building work that is capable of being windblown; and receptacle means a receptacle the waste from which is collected and removed otherwise than by the local government or its contractor. (2) A person must not allow, commence or continue any building work on premises unless, at all times while the building work is being undertaken— (a) there is located on the premises, as close as practicable to the building work a receptacle with a capacity of not less than 4 cubic metres, or as otherwise approved by the local government, suitable for the collection and disposal of building work waste; (b) building work waste is deposited and kept in the receptacle; and (c) the lid of the receptacle is kept closed except when waste is being deposited in the receptacle. PART 4—ENFORCEMENT 4.1 Offences and general penalty (1) A person who fails to do anything required or directed to be done under this local law, or who does anything which under this local law a person is prohibited from doing, commits an offence. (2) A person who commits an offence under this local law is liable, on conviction, to a penalty not less than $500 and not exceeding $5,000, and if the offence is of a continuing nature, to a further penalty not exceeding $500 in respect of each day or part of a day during which the offence has continued. 4.2 Other costs and expenses (1) A person who is convicted of an offence under this local law is to be liable, in addition to any penalty imposed under clause 4.1, to pay to the local government the costs and expenses incurred by the local government in taking remedial action such as— (a) removing and lawfully disposing of toxic, hazardous or poisonous waste; or (b) making good any damage caused to a waste facility. (2) The costs and expenses incurred by the local government are to be recoverable, as a debt due to the local government, in a court of competent civil jurisdiction. 4.3 Prescribed offences (1) An offence against a clause specified in Schedule 2 is a prescribed offence for the purposes of section 9.16(1) of the LG Act. (2) The amount of the modified penalty for a prescribed offence is that specified adjacent to the clause in Schedule 2. (3) If this local law expresses a modified penalty as a number of penalty units, the monetary value of the modified penalty is the number of dollars obtained by multiplying the value of the penalty unit by the number of penalty units. 4.4 Form of notices (1) Where a vehicle is involved in the commission of an offence, the form of the notice referred to in section 9.13 of the LG Act is that of Form 1 in Schedule 1 of the LG Regulations. (2) The form of the infringement notice given under section 9.16 of the LG Act is that of Form 2 in Schedule 1 of the LG Regulations. (3) The form of the infringement withdrawal notice given under section 9.20 of the LG Act is that of Form 3 in Schedule 1 of the LG Regulations. ———— Schedule 1 MEANING OF NON-COLLECTABLE WASTE (Clause 1.5) non-collectable waste means— (a) hot or burning material; (b) household hazardous waste, including paint, acids, alkalis, fire extinguishers, solvents, pesticides, oils, gas cylinders, batteries, chemicals and heavy metals; (c) any other hazardous material, such as radioactive waste; (d) any explosive material, such as flares or ammunition;
1960 GOVERNMENT GAZETTE, WA 31 March 2017 (e) electrical and electronic equipment; (f) hospital, medical, veterinary, laboratory or pathological substances; (g) construction or demolition waste; (h) sewage; (i) ‘controlled waste’ for the purposes of the Environmental Protection (Controlled Waste) Regulations 2004; (j) any object that is greater in length, width, or breadth than the corresponding dimension of the receptacle or that will not allow the lid of the receptacle to be tightly closed; (k) waste that is or is likely to become offensive or a nuisance, or give off an offensive or noxious odour, or to attract flies or cause fly breeding unless it is first wrapped in non- absorbent or impervious material or placed in a sealed impervious and leak-proof container; and (l) any other waste determined by the local government under clause 1.6 to be non- collectable waste. ———— Schedule 2 PRESCRIBED OFFENCES (Clause 4.3) Item No. Clause No. Description Penalty Unit 1 2.1(2)(a) Failing to pay fee or charge 10 2 2.1(2)(b) Failing to ensure lawful use of receptacle 10 3 2.2(1) Depositing non-collectable waste in a receptacle 10 4 2.2(2) Depositing waste in another receptacle without consent 10 5 2.3(1) Exceeding weight capacity of a general waste receptacle 10 6 2.3(2) Depositing unauthorised waste in a general waste receptacle when a recycling waste receptacle has been provided 10 7 2.3(3) Depositing organic waste in a general waste receptacle when an organic waste receptacle has been provided 10 8 2.4(a) Depositing unauthorised waste in a recycling waste receptacle 10 9 2.4(b) and (c) Exceeding weight capacity of a recycling waste receptacle 10 10 2.5(3) Failing to comply with a direction concerning placement or removal of a receptacle 10 11 2.6(a) Failing to keep a receptacle in the required location 10 12 2.6(b) Failing to place a receptacle for collection in a lawful position 10 13 2.6(c) Failing to provide an adequate number of receptacles 15 14 2.6(d) Failing to notify of a lost, stolen, damaged or defective receptacle 10 15 2.8(a) Damaging, destroying or interfering with a receptacle 15 16 2.8(b) Removing a receptacle from premises without permission or authorisation. 10 17 2.9(1) Failing to comply with a term or condition of verge waste collection 10 18 2.9(2) Removing waste for commercial purposes from a verge waste collection. 15 19 2.9(3) Disassembling or tampering with waste deposited for collection 15 20 3.1(a) Failing to provide an adequate number of receptacles 10 21 3.1(b) Failing to keep a receptacle in a good condition and repair 10 22 3.1(c)(i) Failing to prevent fly breeding and vectors of disease in a receptacle 15
31 March 2017 GOVERNMENT GAZETTE, WA 1961 Item No. Clause No. Description Penalty Unit 23 3.1(c)(ii) Failing to prevent the emission of offensive or noxious odours from a receptacle 15 24 3.1(c)(iii) Allowing a receptacle to cause a nuisance 15 25 3.1(d) Failing to comply with a direction to clean, disinfect or deodorise receptacle 15 26 3.2(1) Unauthorised removal of waste from premises 10 27 3.2(2) Removing waste from a receptacle without approval 10 28 3.4(2)(a) Failing to have a suitable receptacle for building work waste 25 29 3.4(2)(b) Failing to keep building work waste in a receptacle 15 ———— Consented to— JASON BANKS, Chief Executive Officer, Department of Environmental Regulation. Dated: 24 February 2017. ———— The Common Seal of the Town of East Fremantle was affixed by authority of a resolution of the Council in the presence of — JIM O’NEILL, Mayor. GARY TUFFIN, Chief Executive Officer. Dated: 28 March 2017. ———————————