[1. Omitted under the Reprints Act 1984 s. 7(4)(e).]
Environmental Protection Act 1986 amended
(1) The amendments in this clause are to the Environmental Protection Act 1986.
[(2) Omitted under the Reprints Act 1984 s. 7(4)(e).]
[(3) Has not come into operation.]
[(4-5) Omitted under the Reprints Act 1984 s. 7(4)(e).]
[3. Has not come into operation.]
[4, 5. Omitted under the Reprints Act 1984 s. 7(4)(e).]
Schedule 5 — Savings and transitional provisions
[s. 101]
Term used: commencement day
In this Schedule —
commencement day means the day on which section 101 comes into operation.
Application of the Interpretation Act 1984
(1) The provisions of the Interpretation Act 1984 (for example sections 36 and 38) about the repeal of written laws and the substitution of other written laws for those so repealed apply to the repeal of the Environmental Protection (Landfill) Levy Act 1998 and its substitution by the Waste Avoidance and Resource Recovery Levy Act 2007 as if the repeal and substitution were effected under this Act.
(2) The other provisions of this Schedule are additional to the provisions applied by subclause (1).
Local laws under Health Act 1911 continued
(1) Any local law made by a local government under the Health Act 1911 section 112A or 134(20), (21), (22), (23), (24), (29) (in relation to waste services) or (30) and of effect on the commencement day continues to be of effect as if it were made under this Act and may be amended or repealed accordingly.
(2) For the purposes of the Local Government Act 1995 section 3.16(1) a local law referred to in subclause (1) and made after the coming into operation of the Local Government Act 1995 is to be regarded as having commenced on the day on which it was made under the Health Act 1911.
Fees and charges fixed under Health Act 1911 continued
(1) Any charge fixed under the Health Act 1911 section 106 that is imposed per waste receptacle continues to be of effect as if it were a charge imposed under section 67.
(2) Any fee or charge for the removal of refuse fixed by resolution by a local government under the section 344C and of effect on the commencement day continues to be of effect as if it were a fee or charge prescribed by local law under this Act.
Schedule Sch 4 - Waste Avoidance and Resource Recovery Act 2007 - Amendments and repeals | Zoe
Health Act 1911
Regulations
The regulations made for the purposes of the Environmental Protection Act 1986 Part VIIA or the Environmental Protection (Landfill) Levy Act 1998 section 4 that were in force immediately before the commencement day continue in force as if they were regulations made under this Act and may be amended or repealed accordingly.
Waste Management and Recycling Fund
former fund means the Waste Management and Recycling Fund 1 established under the EP Act section 110H.
(2) On the commencement day any moneys standing to the credit of the former fund are to be credited to the WARR Account to be applied —
(a) in the payment of any liabilities of the former fund which arose before the commencement day; and
(b) for the purposes set out in section 80,
and the former account is then to be closed.
(3) The WARR Account is to be credited with any moneys that became payable to the former fund before the commencement day and that is paid after that day.
Waste Management (WA): devolution of assets and liabilities
(1) In this clause —
assets means —
(a) property of every kind whether tangible or intangible, real or personal, corporeal or incorporeal; and
(b) without limiting paragraph (a) includes choses in action, goodwill, rights, interests and claims of every kind in or to property, whether arising from, accruing under, created or evidenced by or the subject of, an instrument or otherwise and whether liquidated or unliquidated, actual, contingent or prospective;
liability means any liability, duty or obligation whether actual, contingent or prospective, liquidated or unliquidated, or whether owned alone or jointly or jointly and severally with any other person;
right means any right, power, privilege or immunity whether actual, prospective or contingent;
Waste Management (WA) means the body established under the EP Act section 110L.
(2) On and after the commencement day —
(a) the assets and rights of Waste Management (WA) that were immediately before that day vested in Waste Management (WA) vest in the State by force of this clause; and
(b) the liabilities of Waste Management (WA) (including a share of a liability) immediately before that day become, by force of this clause, the liabilities of the State; and
(c) any proceeding or remedy that immediately before that day might have been brought or continued by or available against or to Waste Management (WA), may be brought or continued and are available, by or against or to the State; and
(d) all records and data of Waste Management (WA) pass to the State.
(3) Any agreement or instrument subsisting immediately before the commencement day —
(a) to which Waste Management (WA) was a party; or
(b) which contains a reference to Waste Management (WA),
has effect on and after the commencement day as if —
(c) the State were substituted for Waste Management (WA) as a party to the agreement or instrument; and
(d) any reference in the agreement or instrument to Waste Management (WA) were (unless the context otherwise requires) amended to be or include a reference to the State.
Transitional regulations
(1) If there is no sufficient provision in this Act for dealing with a transitional matter, regulations under this Act may prescribe all matters that are required or necessary or convenient to be prescribed for dealing with the matter.
(2) In subclause (1) —
transitional matter means a matter that needs to be dealt with for the purpose of —
(a) effecting the transition from the provisions repealed by this Act to the provisions of this Act; or
(b) effecting the transition from the provisions of an Act amended by a provision of this Act (the amending provision) as in force before the commencement day to the provisions of that Act as in force after the commencement day.
(3) Regulations made under subclause (1) may provide that specified provisions of this Act as in force on or after the commencement day, or of subsidiary legislation made under this Act, or of an Act amended by this Act —
(a) do not apply; or
(b) apply with specified modifications,
to or in relation to any matter.
(4) If regulations made under subclause (1) provide that a specified state of affairs is to be taken to have existed, or not to have existed, on and from a day that is earlier than the day on which the regulations are published in the Gazette but not earlier than the commencement day, the regulations have effect according to their terms.
(5) In subclauses (3) and (4) —
specified means specified or described in the regulations.
(6) If regulations contain a provision referred to in subclause (4), the provision does not operate so as to —
(a) affect in a manner prejudicial to any person (other than the State, an authority of the State or a local government), the rights of that person existing before the day of publication of those regulations; or
(b) impose liabilities on any person (other than the State, an authority of the State or a local government) in respect of anything done or omitted to be done before the day of publication of those regulations.
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Notes
This is a compilation of the Waste Avoidance and Resource Recovery Act 2007 and includes amendments made by other written laws. For provisions that have come into operation, and for information about any reprints, see the compilation table. For provisions that have not yet come into operation see the uncommenced provisions table.
Compilation table
Short title
Number and year
Assent
Commencement
Waste Avoidance and Resource Recovery Act 2007
36 of 2007
21 Dec 2007
s. 1 and 2: 21 Dec 2007 (see s. 2(a)); s. 3, 100 (Sch. 4 cl. 2(1), (2) and (4) and 5) and s. 101 (Sch. 5 cl. 1, 7 and 8): 9 Jan 2008 (see s. 2(b) and Gazette 8 Jan 2008 p. 33); Act other than s. 1, 2, 3, 100 (Sch. 4 cl. 2(1), (2) & (4) & cl. 5) & s. 101 (Sch. 5 cl. 1, 7 & 8): 1 Jul 2008 (see s. 2(b) and Gazette 20 Jun 2008 p. 2705)
Waste Avoidance and Resource Recovery Amendment Act 2009 Pt. 2
48 of 2009
7 Dec 2009
s. 3 and 9: 8 Dec 2009 (see s. 2(b)); Pt. 2 other than s. 3 and 9: 1 Jan 2010 (see s. 2(c) and Gazette 22 Dec 2009 p. 5253)
Public Sector Reform Act 2010 s. 89
39 of 2010
1 Oct 2010
1 Dec 2010 (see s. 2(b) and Gazette 5 Nov 2010 p. 5563)
Waste Avoidance and Resource Recovery Amendment (Validation) Act 2014
16 of 2014
2 Jul 2014
2 Jul 2014 (see s. 2)
Public Health (Consequential Provisions) Act 2016 Pt. 3 Div. 29 and Pt. 5 Div. 26
19 of 2016
25 Jul 2016
Pt. 3 Div. 29: 24 Jan 2017 (see s. 2(1)(c) and Gazette 10 Jan 2017 p. 165); Pt. 5 Div. 26: 20 Sep 2017 (see s. 2(1)(c) and Gazette 19 Sep 2017 p. 4880)
Reprint 1: The Waste Avoidance and Resource Recovery Act 2007 as at 16 Sep 2016 (includes amendments listed above except the Public Health (Consequential Provisions) Act 2016)
Waste Avoidance and Resource Recovery Amendment (Container Deposit) Act 2019
5 of 2019
20 Mar 2019
s. 1 and 2: 20 Mar 2019 (see s. 2(a)); Act other than s. 1 and 2: 19 Apr 2019 (see s. 2(b) and Gazette 18 Apr 2019 p. 1157)