13 February 2017 GOVERNMENT GAZETTE, WA 1301
WASTE AVOIDANCE AND RESOURCE RECOVERY ACT 2007
LOCAL GOVERNMENT ACT 1995
SHIRE OF CAPEL
WASTE LOCAL LAW 2016
CONTENTS
PART 1—PRELIMINARY
1.1 Short title
1.2 Commencement
1.3 Application
1.4 Repeal
1.5 Meaning of terms used in this local law
1.6 Local public knowledge of determinations
1.7 Rates, fees and charges
1.8 Power to provide waste services
PART 2—LOCAL GOVERNMENT WASTE
2.1 Supply of receptacles
2.2 Deposit of waste in receptacles
2.3 General waste receptacles
2.4 Recycling waste receptacles
2.5 Organic waste receptacles
2.6 Direction to place or remove a receptacle
2.7 Duties of owner or occupier
2.8 Exemption
2.9 Damaging or removing receptacles
2.10 Verge collections
PART 3—GENERAL DUTIES
3.1 Duties of an owner or occupier
3.2 Removal of waste from premises
3.3 Receptacles and containers for public use
PART 4—OPERATION OF WASTE FACILITIES
4.1 Operation of this Part
4.2 Hours of operation
4.3 Signs and directions
4.4 Fees and charges
4.5 Depositing waste
4.6 Prohibited activities
PART 5—ENFORCEMENT
5.1 Offences and general penalty
5.2 Other costs and expenses
5.3 Prescribed offences
5.4 Forms of notices
SCHEDULE 1—MEANING OF ‘NON-COLLECTABLE WASTE’
SCHEDULE 2—PRESCRIBED OFFENCES
13 February 2017 GOVERNMENT GAZETTE, WA 1303
WASTE AVOIDANCE AND RESOURCE RECOVERY ACT 2007
LOCAL GOVERNMENT ACT 1995
SHIRE OF CAPEL
WASTE LOCAL LAW 2016
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 Shire of Capel
resolved on 25 January 2017 to make the following local law.
PART 1—PRELIMINARY
1.1 Short title
This is the Shire of Capel Waste Local Law 2016.
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
This local law repeals Part 4 Division 2 Disposal of Refuse in the Shire of Capel Health Local Laws
2000, as published in the Government Gazette on 3 April 2001 and the Shire of Capel Waste Facility
Local Law 2010 as published in the Government Gazette on 29 November 2010.
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;
bulk waste means large items that do not fit in a 240 litre bin;
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;
commercial purposes means for any fare, fee, rate, charge or other consideration;
costs of the local government include administrative costs;
Council means the council of the local government;
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;
green waste means biodegradable refuse comprised of garden clippings and trimmings;
LG Act means the Local Government Act 1995;
Section 1 - Waste Local Law 2016 - Waste Local Law 2016 | Zoe
1304 GOVERNMENT GAZETTE, WA 13 February 2017
LG Regulations means the Local Government (Functions and General) Regulations 1996;
liquid refuse includes swimming pool discharges, washings from windows, vehicles and carpet
cleaning, discharges from air conditioning equipment and other liquid used for cooling
purposes;
liquid waste includes bathroom, kitchen, scullery and laundry wastes, septic tank contents,
washings from animal or poultry pens and any other domestic or trade waste discharged by
means of a drain into a receptacle for drainage;
local government means Shire of Capel;
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;
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 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;
recycling waste receptacle means a receptacle for the deposit and collection of 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;
vectors of disease are agents that carry or transmit infectious pathogens;
vehicle includes—
(a) every conveyance and every object capable of being propelled or drawn on wheels, tracks
or otherwise; and
(b) an animal being ridden or driven,
but excludes—
(a) a wheel-chair or any device designed for use by a physically impaired person on a
footpath; and
(b) a pram, a stroller or a similar device;
WARR Act means the Waste Avoidance and Resource Recovery Act 2007;
waste has the same meaning as in the WARR Act;
waste facility means a waste facility, as defined in the WARR Act, that is operated by the local
government; and
waste service has the same meaning as in the WARR Act.
(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—
(a) local public notice, under section 1.7 of the LG Act, must be given of the matter determined;
(b) the determination becomes effective only after local public notice has been given;
(c) the determination remains in force for the period of one year after the date that local public
notice has been given under paragraph (a);
(d) after the period referred to in paragraph (c), 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
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(e) 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.
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—
(a) ensure that any fee or charge 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 Organic waste receptacles
An owner or occupier of premises must not deposit or permit to be deposited in an organic waste
receptacle—
(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
government.
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.
1306 GOVERNMENT GAZETTE, WA 13 February 2017
2.7 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, ensure that, within a
reasonable period before collection time, each receptacle is—
(i) within 1 metre of the carriageway;
(ii) 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 clause 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
paragraph (a).
2.9 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) 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.
2.10 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) Subclause (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 reasonable steps to ensure that a sufficient 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
13 February 2017 GOVERNMENT GAZETTE, WA 1307
(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.
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 and containers 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.
PART 4—OPERATION OF WASTE FACILITIES
4.1 Operation of this Part
This Part applies to a person who enters a waste facility.
4.2 Hours of operation
The local government may from time to time determine the hours of operation of a waste facility.
4.3 Signs and directions
(1) The local government or an authorised person may regulate the use of a waste facility—
(a) by means of a sign; or
(b) by giving a direction to a person within a waste facility.
(2) A person within a waste facility must comply with a sign or direction under subclause (1).
(3) The local government or an authorised person may direct a person who commits, or is reasonably
suspected by the local government or the authorised person of having committed, an offence under
this clause to leave the waste facility immediately.
(4) A person must comply with a direction under subclause (3).
4.4 Fees and charges
(1) Unless subclause (3) applies, a person must, on or before entering a waste facility or on demand by
the local government or an authorised person, pay the fee or charge as assessed by an authorised
person.
(2) An authorised person may assess the fee or charge in respect of a particular load of waste at a rate
that applies to any part of that load, even if that rate is higher than the rate that would apply to any
other part of the load.
(3) Subclause (1) does not apply—
(a) to a person who disposes of waste in accordance with the terms of—
(i) a credit arrangement with the local government; or
(ii) any other arrangement with the local government to pay the fee or charge at a different
time or in a different manner; and
(b) to the deposit of waste owned by the local government, or in the possession of an employee on
behalf of the local government.
4.5 Depositing waste
(1) A person must not deposit waste at a waste facility other than—
(a) at a location determined by a sign and in accordance with the sign; and
(b) in accordance with the direction of an authorised person.
(2) The local government may determine the classification of any waste that may be deposited at a
waste facility.
4.6 Prohibited activities
(1) Unless authorised by the local government, a person must not—
(a) remove any waste or any other thing from a waste facility;
(b) deposit at a waste facility that is a landfill site any waste that is toxic, poisonous or
hazardous, or the depositing of which is regulated or prohibited by any written law;
(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.
1308 GOVERNMENT GAZETTE, WA 13 February 2017
(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—ENFORCEMENT
5.1 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.
5.2 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 5.1, 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.
5.3 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.
5.4 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 2.2(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;
(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 5.3]
Item
No.
Clause
No. Description Modified
Penalty
1 2.1(2)(a) Failing to pay fee or charge $350
2 2.1(2)(b) Failing to ensure lawful use of receptacle $350
3 2.2(1) Depositing non-collectable waste in a receptacle $350
4 2.2(2) Depositing waste in another receptacle without consent $350
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Item
No.
Clause
No. Description Modified
Penalty
5 2.3(1) Exceeding weight capacity of a general waste receptacle $350
6 2.3(2) and (3) Depositing unauthorised waste in a general waste receptacle $350
7 2.4(a) Depositing unauthorised waste in a recycling waste receptacle $350
8 2.4(b) and (c) Exceeding weight capacity of a recycling waste receptacle $250
9 2.5(a) Depositing unauthorised waste in an organic waste receptacle $350
10 2.5(b) and (c) Exceeding weight capacity of an organic waste receptacle $350
11 2.6(3) Failing to comply with a direction concerning placement or
removal or a receptacle
$250
12 2.7(a) Failing to keep a receptacle in the required location $250
13 2.7(b) Failing to place a receptacle for collection in a lawful position $250
14 2.7(c) Failing to provide a sufficient number of receptacles $250
15 2.7(d) Failing to notify of a lost, stolen, damaged or defective
receptacle
$50
16 2.9(a) Damaging, destroying or interfering with a receptacle $400
17 2.9(b) Removing a receptacle from premises $400
18 2.10(1) Failing to comply with a term or condition of verge waste
collection
$400
19 2.10(2) Removing waste for commercial purposes $350
20 2.10(3) Disassembling or tampering with waste deposited for collection $250
21 3.1(a) Failing to provide a sufficient number of receptacles $250
22 3.1(b) Failing to keep a receptacle clean and in a good condition and
repair
$250
23 3.1(c)(i) Failing to prevent fly breeding and vectors of disease in a
receptacle
$350
24 3.1(c)(ii) Failing to prevent the emission of offensive odours from a
receptacle
$350
25 3.1(c)(iii) Allowing a receptacle to cause a nuisance $350
26 3.1(d) Failing to comply with a direction to clean, disinfect or
deodorise receptacle
$300
27 3.2(1) Unauthorised removal of waste from premises $250
28 3.2(2) Removing waste from a receptacle without approval $250
29 4.3(2) Failing to comply with a sign or direction $500
30 4.3(4) Failing to comply with a direction to leave $500
31 4.4(1) Disposing waste without payment of fee or charge $500
32 4.5(1) Depositing waste contrary to sign or direction $500
33 4.6(1)(a) Removing waste without authority $250
34 4.6(1)(b) Depositing toxic, poisonous or hazardous waste $500
35 4.6(1)(c) Lighting a fire $300
36 4.6(1)(d) Removing or interfering with any flora $300
37 4.6(1)(e) Interfering with any fauna without approval $300
38 4.6(1)(f) Damaging, defacing or destroying any building, equipment,
plant or property within a waste facility
$500
39 4.6(2) Acting in an abusive or threatening manner $300
————
Consented to—
J. BANKS, Chief Executive Officer, Department of Environment Regulation.
Date: 5 December 2016.
————
Dated: 25 January 2017.
The Common Seal of the Shire of Capel was affixed by authority of a resolution of the Council in the
presence of—
M. T. SCOTT, President.
P. F. SHEEDY, Chief Executive Officer.
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