866GOVERNMENT GAZETTE, WA 24 January 2017

866 GOVERNMENT GAZETTE, WA 24 January 2017 (b) where the receptacle has a capacity of 240 or 360 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 2.5 Organic waste receptacles An owner or occupier of premises must not deposit or permit to be deposited in an organic waste (a) anything other than the particular type of organic 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 organic waste; or (c) where the receptacle has any other capacity—more than the weight determined by the local 2.6 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. 2.7 Duties of owner or occupier (1) For the purposes of this clause, a ‘reasonable period’ means on the evening prior to collection day or on collection day. (2) 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) if a receptacle requires to be emptied of waste, take reasonable steps, to place 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 is— (i) within 1 metre of the carriageway; (ii) placed so that it does not unduly obstruct any footpath, cycle way, right-of-way or carriageway; and (iii) 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. 2.8 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 subclause 2.7(a) or (b). (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 subclause 2.8(4)(a). 2.9 Damaging or removing receptacles A person, other than the local government or its contractor, must not— (a) damage or destroy a receptacle; or (b) except as permitted by this local law or as authorised by the local government or an Authorised Person, remove a receptacle from any premises to which it was delivered by the local government or its contractor.