161Certain development applications for waste facilities

161 Certain development applications for waste facilities prohibited (1) The territory planning authority must not accept a prohibited waste facility development application. handle, in relation to waste, means store, sort, treat, process, recover, recycle, use, reuse or dispose of waste. prohibited waste facility development application means a development application in relation to a development proposal for the use of land in the division of Fyshwick that would, if it were approved, permit— (a) the use of any part of the land as a waste facility; or (b) if the land is used, wholly or partly, as an existing waste facility—an increase in the amount of waste handled on the land each year. waste—see the Waste Management and Resource Recovery Act 2016, section 10. waste facility— (a) means a site used for the handling of waste and includes— (i) an incineration facility; and (ii) a landfill site; and

Division 7.3.2 Prohibited waste facility development applications (iii) a recyclable material collection site; and (iv) a recycling facility; and (v) a waste transfer facility; and (vi) a hazardous waste facility; but (b) does not include— (i) if the handling of waste on a site is ancillary to the site’s primary use—the site; or (ii) a site prescribed by regulation. Examples——par (b) (i) 1 a paint supplier that accepts unused paint from its customers 2 an electrical goods retailer that uses large on-site bins for storing cardboard for recycling