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4518 GOVERNMENT GAZETTE, WA 13 November 2018 (c) light a fire in a waste facility; (d) remove, damage or otherwise interfere with any flora in a waste facility; (e) remove, injure or otherwise interfere with any fauna in a waste facility; or (f) damage, deface or destroy any building, equipment, plant or property within a waste facility. (2) A person must not act in an abusive or threatening manner towards any person using, or engaged in the management or operation of, a waste facility. PART 5—OBJECTIONS AND APPEALS 5.1 Objection and appeal rights Division 1 of Part 9 of the Local Government Act 1995 applies to a decision under this local law to grant, vary or cancel— (a) an approval under clause 2.7(b); (b) an exemption under clause 2.8(2); (c) an authorisation under clause 2.9(b); (d) an approval under clause 2.10(1); (e) an authorisation under clause 3.2(1)(c); (f) an approval under clause 3.2(2); and (g) an approval under clause 3.3. PART 6—ENFORCEMENT 6.1 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 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. 6.2 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 6.1, 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. 6.3 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. 6.4 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(1)) 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; (e) electrical and electronic equipment; (f) hospital, medical, veterinary, laboratory or pathological substances; (g) construction or demolition waste; (h) sewage;

13 November 2018 GOVERNMENT GAZETTE, WA 4519 (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 to be non-collectable waste. ———— SCHEDULE 2—PRESCRIBED OFFENCES (Clause 6.3) Item No. Clause No. Description Modified Penalty ($) 1 2.1(2)(a) Failing to pay fee or charge 100 2 2.1(2)(b) Failing to ensure lawful use of receptacle 100 3 2.2(1) Depositing non-collectable waste in a receptacle 100 4 2.2(2) Depositing waste in another receptacle without consent 100 5 2.3(1) Exceeding weight capacity of a general waste receptacle 100 6 2.3(2) and (3) Depositing unauthorised waste in a general waste receptacle 100 7 2.4(a) Depositing unauthorised waste in a recycling waste 8 2.4(b) and (c) Exceeding weight capacity of a recycling waste receptacle 100 9 2.5(a) Depositing unauthorised waste in an organic waste 10 2.5(b) and (c) Exceeding weight capacity of an organic waste receptacle 100 11 2.6(3) Failing to comply with a direction concerning placement or removal of a receptacle 12 2.7(a) Failing to keep a receptacle in the required location 100 13 2.7(b) Failing to place a receptacle for collection in a lawful position 100 14 2.7(c) Failing to provide an adequate number of receptacles 200 15 2.7(d) Failing to notify of a lost, stolen, damaged or defective 16 2.9(a) Damaging, destroying or interfering with a receptacle 200 17 2.9(b) Removing a receptacle from premises without permission or authorisation 18 2.10(1) Failing to comply with a term or condition of verge waste collection 19 2.10(2) Removing waste from a verge waste collection for commercial purposes 20 2.10(3) Disassembling or tampering with waste deposited for collection 21 3.1(a) Failing to provide an adequate number of receptacles 100 22 3.1(b) Failing to keep a receptacle in a good condition and repair 100 23 3.1(c)(i) Failing to prevent fly breeding and vectors of disease in a 24 3.1(c)(ii) Failing to prevent the emission of offensive or noxious odours from a receptacle 25 3.1(c)(iii) Allowing a receptacle to cause a nuisance 200 26 3.1(d) Failing to comply with a direction to clean, disinfect or deodorise receptacle 27 3.2(1) Unauthorised removal of waste from premises 100 28 3.2(2) Removing waste from a receptacle without approval 100 29 3.3 Depositing household, commercial or other waste into, or removing waste from, a receptacle provided for the use of the general public in a public place without approval 30 3.4(2)(a) Failing to have a suitable receptacle for building work waste 200 31 3.4(2)(b) Failing to keep building work waste in a receptacle 200 32 3.4(3)(a) Failure to clear from the building or development site or verge, all refuse generated or originating on the site