Waste Management and Resource Recovery Regulation 2017

4 Notes A note included in this regulation is explanatory and is not part of this regulation. Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

Preliminary Part 1 Section 5 5 Offences against regulation—application of Criminal Code etc Other legislation applies in relation to offences against this regulation. Note 1 Criminal Code The Criminal Code, ch 2 applies to all offences against this regulation (see Code, pt 2.1). The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability). Note 2 Penalty units The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

Section 6 page 4 Waste Management and Resource Recovery

6 Information for licence application—Act, s 19 (2) (b) (a) the applicant’s name, business address, email address and (b) if the applicant operates the business under another name—the applicant’s registered business name and any trading name; (c) if the applicant is a partner in a partnership—the partnership’s (d) if the applicant is not a company registered under the number of each person who is to have day-to-day control of the waste facility’s business; (e) if the applicant is a company registered under the Corporations Act— (f) identifying particulars of land to which the application relates; (g) if someone other than the applicant is the lessee of the land—the written consent of the lessee of the land; (h) if the application relates to unleased territory land—the written consent of the director-general responsible for the Planning Act 2023;

Waste facility licences Part 2 Section 7 (i) the kind of waste activity to be conducted at the facility to which the application relates; (j) the waste categories that may be dealt with in the course of waste activity at the facility. Examples—par (f) 1 block and section number 2 street address Examples—par (i) 1 landfill 2 storage 3 sorting 4 recycling

7 Entities to be consulted before licence application decision—Act, s 22 (2) (1) The following entities are prescribed: (a) the chief officer (fire and rescue service); (b) the environment protection authority; (c) if the application relates to a facility for the storing, sorting, treating, processing or disposing of clinical waste—the chief health officer. clinical waste—see the Clinical Waste Act 1990, dictionary.

7A Information for register of waste facility licences—Act, s 25 (2) (a) (a) the licensee’s name, business address, email address and

Section 7B page 6 Waste Management and Resource Recovery (b) if the licensee operates the business under another name—the licensee’s registered business name and any trading name; (c) if the licensee is a partner in a partnership—the partnership’s (d) if the licensee is not a company registered under the number of each person who has day-to-day control of the waste facility’s business; (e) if the licensee is a company registered under the Corporations Act— (f) identifying particulars of the land on which the waste facility is located; (g) the waste categories that may be dealt with in the course of waste activity at the facility; (h) the licence’s unique identifying number; (i) the end day stated in the licence.

7B Register of waste facility licences—public information— Act, s 25 (4) (b) (1) The following information is prescribed: (a) the licence’s unique identifying number; (b) the licensee’s name;

Waste facility licences Part 2 Section 7B (c) the street address of the waste facility; (d) the licensee’s business telephone number; (e) the licensee’s business email address; (f) if the licensee is not a company registered under the Corporations Act but has an ABN—the ABN; (g) if the licensee is a company registered under the Corporations Act—the company’s ACN; (h) the waste categories that may be dealt with in the course of waste activity at the facility; (i) the end day stated in the licence. (2) However, if the licensee operates the business under a name other than their name— (a) the information mentioned in subsection (1) (b) is not prescribed; and (b) the licensee’s registered business name and any trading name is prescribed.

Section 8 page 8 Waste Management and Resource Recovery

8 Definitions—pt 3 manufacturer means a person who carries on the business of making or assembling vehicles. model designation, for a vehicle of a particular model, means the words, figures, letters or other symbols (if any) applied by the manufacturer of the vehicle to describe or identify a vehicle of that model.

9 Information for registration application—Act, s 31 (2) (b) (a) the applicant’s name, business address, email address and (b) if the applicant operates the business under another name—the applicant’s registered business name and any trading name; (c) if the applicant is a partner in a partnership—the partnership’s (d) if the applicant is not a company registered under the number of each person who is to have day-to-day control of the waste transporter’s business; (e) if the applicant is a company registered under the Corporations Act—

Waste transporter registration Part 3 Section 10 (f) the waste categories to be transported; (g) the following particulars for each vehicle to be used by the applicant, or an employee or agent of the applicant, for transporting waste: (i) manufacturer; (ii) vehicle type, model designation and year of manufacture; (iii) registration details.

10 Information for register of waste transporters—Act, s 37 (2) (a) (a) the registered waste transporter’s name, business address, email address and telephone number; (b) if the registered waste transporter operates the business under another name—the transporter’s registered business name and any trading name; (c) if the registered waste transporter is a partner in a partnership— the partnership’s name; (d) if the registered waste transporter is not a company registered under the Corporations Act but has an ABN— number of each person who has day-to-day control of the registered waste transporter’s business;

Section 10A page 10 Waste Management and Resource Recovery (e) if the registered waste transporter is a company registered under the Corporations Act— (f) the waste categories transported by the registered waste transporter; (g) the following particulars of each vehicle used by the registered waste transporter, or an employee or agent of the transporter, for transporting waste: (i) manufacturer; (ii) vehicle type, model designation and year of manufacture; (iii) registration details. (h) the registered waste transporter’s registration number; (i) the end day stated in the registration.

10A Register of waste transporters—public information—Act, s 37 (4) (b) (1) The following information is prescribed: (a) the registered waste transporter’s registration number; (b) the registered waste transporter’s name; (c) the registered waste transporter’s business address; (d) the registered waste transporter’s business telephone number; (e) the registered waste transporter’s business email address; (f) if the registered waste transporter is not a company registered under the Corporations Act but has an ABN—the ABN;

Waste transporter registration Part 3 Section 10A (g) if the registered waste transporter is a company registered under the Corporations Act—the company’s ACN; (h) the waste categories transported by the registered waste transporter; (i) the end day stated in the registration. (2) However, if the registered waste transporter operates the business under a name other than their name— (a) the information mentioned in subsection (1) (b) is not prescribed; and (b) the transporter’s registered business name and any trading name is prescribed.

Section 11 page 12 Waste Management and Resource Recovery

11 Waste definitions—pt 4 domestic recyclable waste— (a) means— (i) the material mentioned in schedule 1, part 1.2, column 2; and (ii) any material included under section 11A (1) (a); but (b) does not include any material excluded under section 11B (1) (a). domestic waste— (a) means waste from residential premises, and includes domestic recyclable waste and organic waste; but (b) does not include— (i) material mentioned in schedule 1, part 1.3, column 2; or (ii) any material excluded under section 11B (1) (b). garden waste means plant material generated on urban land. organic waste— (a) means— (i) garden waste; and (ii) any material included under section 11A (1) (b); but (b) does not include any material excluded under section 11B (1) (c).

Definitions—pt 4 Division 4.1 Section 11A

11A Waste manager may declare that certain material is included in a waste definition—Act, s 64 (2) (a), (c) and (d) (1) The waste manager may declare that— (a) a stated material is domestic recyclable waste for section 11, definition of domestic recyclable waste, paragraph (a) (ii); or (b) a stated compostable material is organic waste for section 11, definition of organic waste, paragraph (a) (ii). (2) The waste manager may make a declaration under subsection (1) (b) for a stated area in the ACT for a stated period. (3) A declaration under this section is a notifiable instrument.

11B Waste manager may declare that certain material is excluded from a waste definition—Act, s 64 (2) (a), (c) and (d) (1) The waste manager may declare that— (a) a stated material is not domestic recyclable waste for section 11, definition of domestic recyclable waste, paragraph (b); or (b) a stated material is not domestic waste for section 11, definition of domestic waste, paragraph (b) (ii); or (c) a stated compostable material is not organic waste for section 11, definition of organic waste, paragraph (b). (2) The waste manager may only make a declaration under this section if satisfied the declaration is necessary for— (a) the effective or safe collection, storage or disposal of waste; or (b) the effective or safe operation of a waste collection service. (3) A declaration under this section is a notifiable instrument.

Section 11C page 14 Waste Management and Resource Recovery

11C Other definitions—pt 4 occupier, of premises, includes the following: (a) a person living at the premises; (b) a person apparently in charge of the premises; (c) the owner or manager of a business carried out at the premises. territory waste container means a container given to an occupier by the Territory— (a) for use in connection with the storage and collection of waste; and (b) for regular collection by a waste collection service. waste container includes a territory waste container. waste rectification notice means a notice under section 24AA (1).

17A Occupier’s responsibilities An occupier has a responsibility to— (a) keep or store waste created on, or in relation to, the premises safely and appropriately; and (b) dispose of waste in a way that permits the effective and safe operation of waste collection services and waste reuse or recycling services; and (c) use territory waste containers and waste facilities properly.

Section 17B

17B Territory waste containers (1) A territory waste container given to an occupier by the Territory remains the property of the Territory. (2) Waste placed in a territory waste container becomes the property of the Territory when the container is placed for collection by a waste collection service.

18 Waste segregation—Act, s 64 (2) (a) and (d) (a) the person places waste in a domestic waste container; and (b) the waste is not domestic waste. (2) A person commits an offence if— (a) the person places waste in a domestic recyclable waste container; and (b) the waste is not domestic recyclable waste. (3) A person commits an offence if— (a) the person places waste in an organic waste container; and (b) the waste is not organic waste. (4) An offence against this section is a strict liability offence. domestic recyclable waste container means a territory waste container designated for domestic recyclable waste only.

Section 19 page 16 Waste Management and Resource Recovery domestic waste container means a territory waste container designated for domestic waste only. organic waste container means a territory waste container designated for organic waste only.

19 Failure to keep waste in waste container—Act, s 64 (2) (d) (b) keeps waste on the premises; and (c) fails to keep the waste in a waste container. (3) This section does not apply if the waste is placed by the occupier on the premises for collection in accordance with an authorised waste collection arrangement. Note The defendant has an evidential burden in relation to the matter (4) In this section: authorised waste collection arrangement means a waste collection service authorised by the Territory that is not a regular waste collection service. Example bulky waste collection arrangement

Section 20

20 Unhygienic waste container—Act, s 64 (2) (d) (a) the person is an occupier of premises; and (b) the person uses a waste container for storing waste on the premises; and (c) the container— (i) is in an unhygienic condition; or (ii) causes unhygienic conditions. (3) In this section: public health—see the Public Health Act 1997, dictionary. unhygienic condition means a condition that a reasonable person would consider to be, or likely to become, a risk to public health or offensive to community health standards.

21 Unsightly waste—Act, s 64 (2) (d) (a) the person is an occupier of premises; and (b) the person keeps waste on the premises; and (c) the waste, or a significant part of the waste, is clearly visible from other premises, including land to which the public has access; and (d) the waste is unsightly.

Section 22 page 18 Waste Management and Resource Recovery

22 Waste container not closed—Act, s 64 (2) (d) (b) stores waste in a waste container for the premises; and (c) fails to ensure that— (i) if the waste container is not a territory waste container— the waste container is fitted with a lid that can be closed; or (ii) the lid of the waste container is closed. (3) This section does not apply if the waste container is provided by the occupier for use by members of the public in a public area of the premises. (4) In this section: public area, of premises, means an area of the premises that is open to the public.

23 Location of waste container—Act, s 64 (2) (d) (b) stores waste in a territory waste container for the premises; and

Section 23 (c) fails to ensure— (i) the container is kept within the property boundary for the premises; or (ii) the container is placed where a waste collection service has unobstructed access to the container on waste collection day. (3) Subsection (1) (c) (i) does not apply if the territory waste container has been removed from the property boundary— (a) for— (i) collection of waste by a waste collection service; and (ii) a reasonable period before or after a waste collection service is scheduled to empty waste from the container; or (b) if the container has been damaged or is unwanted—for collection of the container. (4) Subsection (1) (c) (ii) does not apply if at the time the territory waste container was placed for collection by a waste collection service, reasonable steps were taken to ensure the service had unobstructed access to the container. mentioned in s (4) (see Criminal Code, s 58). waste collection day, for a territory waste container, means a day on which a waste collection service is scheduled to collect waste from the container.

Section 24 page 20 Waste Management and Resource Recovery

24 Entry to premises—Act, s 64 (2) (e) (1) An employee or agent of an entity that provides a waste collection service may at any reasonable time enter premises for the purpose of carrying out the service. premises does not include any part of a building or structure used for residential purposes. Note The Act, pt 13 (Enforcement), includes provisions dealing with the power of authorised people to enter to premises and search warrants. 24AA Waste rectification notice—Act, s 64 (2) (a) and (d) (1) An authorised person may give an occupier of premises written notice (a waste rectification notice) if the authorised person believes on reasonable grounds that the occupier’s conduct in relation to waste storage or collection on the premises is an offence against this part. (2) A waste rectification notice must state the following: (a) that it is a waste rectification notice under this section; (b) a unique identifying number for the notice; (c) the name of the occupier, and a description of the premises, that are the subject of the notice; Examples—description of premises 1 the street address 2 the distinguishing number or name given to a division, block or section under the Districts Act 2002, and on which the premises are located to describe the land (d) the grounds on which the notice is given, including— (i) the occupier’s alleged conduct; and

Waste rectification notices Division 4.3 Section 24AA (ii) the offence against this part the occupier is believed to have committed; (e) that the occupier take action stated in the notice (rectification action) before the day stated in the notice (the compliance day); (f) particulars of the rectification action and compliance day; (g) that the occupier may be prosecuted for an offence against this part if the occupier fails to take the rectification action before the compliance day; (h) contact details for the authorised person who gave the notice. Note For how documents may be given, see the Legislation Act, pt 19.5. (3) When deciding the compliance day for the notice, the authorised person must— (a) take into account the need to— (i) reduce any risk to public health; and (ii) allow a reasonable time for an occupier to carry out the rectification action in the circumstances; and (b) not state a day that is less than 2 days after the day the notice is given to the occupier. (4) If the identity of the occupier is not known to the authorised person at the time the notice is given, the waste rectification notice may be addressed to ‘the occupier’ or ‘the householder’.

Section 24AB page 22 Waste Management and Resource Recovery 24AB Responsibilities and liabilities of joint occupiers (1) If a waste rectification notice may be given to an occupier of premises in relation to a matter, the same notice may also be given to another occupier of the premises in relation to the same matter if there are reasonable grounds for believing— (a) that the other occupier has also engaged in the conduct that is the subject of the matter in the notice; or (b) if the occupier or occupiers engaging in the conduct cannot be identified—each is an occupier at the premises where the conduct happened. (2) If a proceeding is started against an occupier of premises for an offence against this part, a proceeding for the same offence may also be started against another occupier of the premises. 24AC Disposal of regulated waste at waste facility (a) a waste facility displays a sign stating that— (i) regulated waste is not accepted at the facility; or (ii) only certain regulated waste is accepted at the facility; and (b) the sign is clearly visible to a person disposing of regulated waste at the facility; and (c) the person disposes of regulated waste at the facility in contravention of the sign.

Section 24AD 24AD Knowingly dispose of regulated waste at waste facility A person commits an offence if— (a) a waste facility does not accept regulated waste; and (b) the person disposes of regulated waste at the waste facility; and (c) the person knows, or ought reasonably to know, that— (i) the waste is regulated waste; and (ii) the waste facility does not accept regulated waste. Maximum penalty: 40 penalty units. 24AE Disposal of waste in contravention of sign on or near waste container at waste facility (1) A person must not dispose of waste at a waste facility in a way that contravenes a sign displayed on or near a waste container in the (2) A sign must include a statement that it is an offence under this section if a person contravenes the sign. (3) A person must not remove, alter or cover a sign on or near a waste container at a waste facility without the written consent of the waste manager or licensee. (4) An offence against this section is a strict liability offence.

Section 24AF page 24 Waste Management and Resource Recovery 24AF Interfering with waste etc at waste facility (a) the person damages or contaminates waste in a waste facility; and (b) as a result of that conduct the waste is unsuitable for its intended waste processing. Example—par (b) motor oil contaminating cardboard intended for recycling (2) A person must not, without the consent of the operator of a waste facility— (a) enter an area in the waste facility in contravention of a sign at the facility; or (b) remove waste from a waste container in the waste facility; or (c) damage or alter a waste container or any part of the waste (3) An offence against this section is a strict liability offence. 24AG Failure to comply with direction of waste facility operator (a) the person is collecting or disposing of waste at a waste facility; and (b) the operator of the facility gives the person a reasonable direction while the person is at the facility; and

Section 24AH (c) the person fails to comply with the direction. 24AH Waste transporter must give information about waste disposed at waste facility (1) A waste transporter disposing of waste at a waste facility must give the operator of the facility information about the amount of waste and waste category for the waste. Note It is an offence to make a false or misleading statement, give false or misleading information or produce a false or misleading document (see Criminal Code, pt 3.4). 24AI Vehicle-related offences at waste facilities (1) This section applies if a person commits an offence under any of the following sections in relation to a waste facility: (a) section 24AC (1) (Disposal of regulated waste at waste facility); (b) section 24AE (1) or (3) (Disposal of waste in contravention of sign on or near waste container at waste facility); (c) section 24AF (1), (2) (a), (2) (b) or (2) (c) (Interfering with waste etc at waste facility); (d) section 24AG (1) (Failure to comply with direction of waste facility operator).

page 26 Waste Management and Resource Recovery (2) For the Magistrates Court Act 1930, division 3.8.3 (Additional provisions for vehicle-related offences), an offence mentioned in subsection (1) is taken to involve a vehicle if the person commits the offence— (a) after exiting a vehicle in or near the waste facility; or (b) before entering a vehicle in or near the waste facility. Note The Magistrates Court (Waste Management and Resource Recovery Infringement Notices) Regulation 2017 contains further provisions relating to vehicle-related offences. 24AJ Waste escaping from vehicle or equipment (a) the person is a waste transporter; and (b) the person, or an employee or agent of the person, operates a vehicle or equipment; and (c) the vehicle or equipment is being operated— (i) to transport or collect waste; and (ii) in circumstances, or in a way, in which there is a reasonable likelihood that waste will escape from the vehicle or equipment when operated. Examples—par (c) (ii) 1 a container mounted on the vehicle or equipment is not secured safely to the vehicle or equipment during transportation of waste 2 waste that is likely to be blown, or otherwise escape, from the vehicle or equipment if uncovered during its transportation is not covered during its transportation Note Person includes an unincorporated body (see Act, dict).

(2) A person commits an offence if— (a) the person is a waste transporter; and (b) the person, or an employee or agent of the person, operates a vehicle or equipment; and (c) the vehicle or equipment is being operated to transport or collect waste; and (d) waste escapes from the vehicle or equipment. (3) If the person mentioned in subsection (1) or (2) is a partnership, each partner in the partnership commits an offence. (4) It is a defence to a prosecution for an offence against subsection (1) or (2) if the defendant proves— (a) that— (i) the defendant did not know about the employee or agent operating the vehicle or equipment; and (ii) reasonable precautions were taken and appropriate diligence was exercised to prevent waste escaping from the vehicle or equipment; or (b) if the defendant is a partner—the defendant was not in a position to influence the other partners in relation to ensuring waste would not escape from the vehicle or equipment. Note The defendant has a legal burden in relation to the matters mentioned in s (4) (see Criminal Code, s 59).

page 28 Waste Management and Resource Recovery equipment means any apparatus, device, machine, mechanism, dredge, or crane. escapes includes leaks or spills. vehicle means any means of transport and includes a vessel or a unit of rolling stock.

General Division 4A.1 Section 24A

24A Meaning of corresponding law—Act, s 64B The following are corresponding laws: (a) for New South Wales—the Waste Avoidance and Resource Recovery Act 2001 (NSW); (b) for the Northern Territory—the Environment Protection (Beverage Containers and Plastic Bags) Act 2011 (NT); (c) for Queensland—the Waste Reduction and Recycling Act 2011 (Qld); (d) for South Australia—the Environment Protection Act 1993 (SA); (e) for Western Australia—the Waste Avoidance and Resource Recovery Act 2007 (WA). 24B Liquids that are not beverages—Act, s 64C, def beverage, par (b) A liquid mentioned in schedule 1A, section 1A.2, column 2 is not a beverage. 24C What is not a container—Act, s 64E, def container, par (b) A container designed to contain a beverage type mentioned in schedule 1A, section 1A.4, column 2, in a size mentioned in schedule 1A, section 1A.4, column 3, is not a container. 24D Refund amount—Act, s 64F The refund amount is 10 cents.

Section 24E page 30 Waste Management and Resource Recovery 24E Refund marking—Act, s 64G (1) The refund marking is the deposit statement marked or labelled on the container in legible characters. deposit statement means the following statement: ‘10c refund at collection depots/points in participating State/Territory of purchase’.

24F Suitability requirements—Act, s 64H (5) (1) In deciding whether a person is a suitable person to be a scheme coordinator or network operator, the Minister must consider the following: (a) whether the person has been convicted, or found guilty, of an offence against a relevant law; (b) whether the person has contravened a provision of a scheme administration agreement under the Act or a corresponding law of a State; (c) if the applicant is a corporation—whether a director of the corporation is or has been a director of another corporation that has contravened a provision of— (i) a relevant law; or (ii) a scheme administration agreement under the Act or a corresponding law of a State; (d) whether the person has been convicted, or found guilty, in the last 5 years, whether in the ACT or elsewhere, of an offence involving fraud or dishonesty;

General Division 4A.1 Section 24F (e) whether the person is, or at any time in the last 3 years has been, bankrupt or personally insolvent; Note Bankrupt or personally insolvent—see the Legislation Act, dictionary, pt 1. (f) if the applicant is an individual—whether the person has, at any time in the last 3 years, been involved in the management of a corporation when— (i) the corporation became the subject of a winding-up order; or (ii) a controller or administrator was appointed; (g) if the applicant is a corporation—whether the corporation— (i) is the subject of a winding-up order; or (ii) has had a controller or administrator appointed at any time in the last 3 years; (h) whether, in the opinion of the Minister, the person has the knowledge, skills and experience required to fulfil the person’s obligations as a scheme coordinator or network operator; (i) whether the person can demonstrate the financial capacity to comply with the person’s obligations under the proposed agreement; (j) whether the person is in a partnership, in relation to activities that are subject to a scheme administration agreement or proposed agreement, with a person the Minister decides is not a suitable person to be a scheme coordinator or network operator. (2) If the applicant is a corporation, a reference in subsection (1) (a) or (h) to a person includes a reference to a director of the corporation.

Section 24G page 32 Waste Management and Resource Recovery (3) In this section: relevant law means— (a) the Act; and (b) the Environment Protection Act 1997; and (c) the Litter Act 2004.

24G Contents of scheme arrangements under scheme coordinator agreement—Act, s 64J (4) (b) A network arrangement must include the following: (a) the name, address and contact details of each party to the agreement; (b) the following information about a collection point under the arrangement: (i) the address of the collection point; (ii) the operating hours for the collection point; (iii) information relating to any approval required under the Planning Act 2023 and whether the approval is held or has been applied for; (c) if the network operator must hold a waste facility licence for the collection point— (i) details of the licence; or (ii) if the network operator has applied for a waste facility licence and the application has not been refused but not yet approved—a statement to that effect; (d) a requirement that parties to the arrangement must comply with the Territory privacy principles.

Network arrangements—Act, s 64K (2) Division 4A.2 Section 24H

24H Application for approval of network arrangements An application for approval of a network arrangement must be accompanied by a copy of the arrangement signed by both parties.

24I Waste manager may request further information (1) The waste manager may, by written notice, require the applicant for approval of a network arrangement to give the waste manager more information— (a) that the waste manager believes on reasonable grounds is needed to decide the application; and (b) within a stated time; and (c) at a stated place. (2) If the applicant does not comply with a requirement in the notice, the waste manager may refuse to consider the application further.

24J Change of information must be provided (1) This section applies if the information in an application for approval of a network arrangement changes before the application is decided. (2) The applicant must give the waste manager written notice of the particulars of the change.

Section 24K page 34 Waste Management and Resource Recovery

24K Decision about application for approval (1) The waste manager must, within the required time after the waste manager receives an application for approval of a network arrangement— (a) approve the arrangement; or (b) refuse to approve the arrangement. Note 1 Failure to approve an arrangement within the required time is taken to be a decision not to approve the arrangement (see ACT Civil and Administrative Tribunal Act 2008, s 12). Note 2 A decision under s (1) (b) is a reviewable decision (see s 26A). (2) In deciding whether to approve a network arrangement, the waste manager may consider— (a) whether the arrangement complies with the requirements of the Act; and (b) whether the agreement requires the parties to the arrangement to comply with the Territory privacy principles; and (c) for a collection point operated by the network operator under the arrangement—information relating to any approval required under the Planning Act 2023 and whether the approval is held or has been applied for. (3) The waste manager may approve a network arrangement subject to conditions. Note A decision under s (3) is a reviewable decision (see s 26A). (4) An approval of a network arrangement must— (a) be in writing; and (b) include the following: (i) the names of the parties to the arrangement;

Network arrangements—Act, s 64K (2) Division 4A.2 Section 24L (ii) the date the approval expires; (iii) the conditions (if any) of the approval. (5) If the waste manager refuses to approve a network arrangement, the waste manager must refund any fee paid in relation to the application. required time means— (a) if the waste manager requires the applicant to give further information under section 24I—56 days after the day the applicant gives the information to the waste manager; or (b) in any other case—56 days after the day the waste manager receives the application.

24L Amendment of network arrangement approval (1) The waste manager may, by written notice, amend the approval of a network operator arrangement by— (a) amending a condition imposed by the waste manager under section 24K (3); or (b) imposing a further condition on the approval. Note A decision under s (1) is a reviewable decision (see s 26A). (2) The waste manager must give the notice to each party to the network (3) An amendment takes effect on— (a) the day the notice is given; or (b) if a later day is stated in the notice—the later day.

Section 24M page 36 Waste Management and Resource Recovery

24M Suspension or revocation of network arrangement (1) The waste manager may suspend or revoke the approval of a network arrangement if— (a) a party to the arrangement contravenes a condition of the approval; or (b) a party to the arrangement contravenes a provision of the Act, part 10A (Container deposit scheme); or (c) the network arrangement has expired or been terminated and the waste manager is satisfied there is no unresolved dispute between the parties to the arrangement in relation to the expiry or termination. (2) The waste manager must give the parties to the arrangement written notice (a show cause notice) of an intention to suspend or revoke the approval of the network arrangement, stating— (a) the ground for suspension or revocation; and (b) that the approval holder may, within 14 days after the day the holder is given the notice, give a written submission to the waste manager about the proposed suspension or revocation. (3) The waste manager must consider any submission received by the waste manager in response to the show cause notice when making a decision to suspend or revoke the approval of the network (4) The waste manager may suspend or revoke the approval of the network arrangement if the waste manager— (a) has given a show cause notice to the approval holder; and (b) has considered any reasons given by the approval holder in response to the show cause notice; and

Network operator agreements—Act, s 64N (4) Division 4A.3 Section 24N (c) is satisfied that the ground for suspension or revocation exists. Note A decision under s (4) is a reviewable decision (see s 26A). (5) The suspension or revocation takes effect— (a) on the day the waste manager gives the approval holder written notice that the approval of the network arrangement is suspended or revoked; or (b) if a later day is stated in the notice of suspension or revocation— the later day. Division 4A.3 Network operator agreements—Act, s 64N (4)

24N Definitions—div 4A.3 In this division: bulk delivery, of containers, means a delivery of 1 500 or more containers. catchment area means an industrial catchment area or a residential catchment area. commencement day means the day on which this section commences. district means a district under the Districts Act 2002, section 5. Note The districts set out in the Districts Act 1966 (repealed), sch are taken to be districts created under the Districts Act 2002, s 5. division means a division under the Districts Act 2002, section 6. industrial catchment area means— (a) the division of Fyshwick in the Canberra Central district and the division of Hume in the Tuggeranong district; or (b) the division of Mitchell in the Gungahlin district.

Division 4A.3 Network operator agreements—Act, s 64N (4) Section 24O page 38 Waste Management and Resource Recovery residential catchment area means— (a) the Belconnen district; or (b) the division of Oaks Estate and the Canberra Central district (excluding the division of Fyshwick); or (c) the division of Hall and the Gungahlin district (excluding the division of Mitchell); or (d) the Molonglo Valley district, Weston Creek district and Woden Valley district; or (e) the division of Tharwa and the Tuggeranong district (excluding the division of Hume).

24O Network operator agreements—performance targets— Act, s 64N (4) (a) A network operator agreement must— (a) include performance targets; and (b) state the period the performance targets apply for; and (c) state a way to determine whether the performance targets have been met.

24P Network operator agreements—content of collection point arrangements under agreement—Act, s 64N (4) (b) A collection point arrangement must include the following: (a) the name, address and contact details of each party to the arrangement; (b) information about whether the collection point operator is an ACNC registered entity; (c) information about the number of collection points in each catchment area;

Network operator agreements—Act, s 64N (4) Division 4A.3 Section 24P (d) for a collection point operated by an ACNC registered entity— information about the operating hours for the collection point; (e) for any other collection point—a requirement that the collection point be open— (i) on a weekday, other than a public holiday—for at least 7 hours between 7 am and 7 pm; and (ii) on a Saturday and Sunday, other than on a public holiday— for at least 6 hours on each day between 8 am and 5 pm; and (iii) on a public holiday, other than Good Friday or Christmas day—for at least 5 hours between 9 am and 5 pm; (f) the following information about each collection point under the arrangement: (i) the location of the collection point; (ii) whether the collection point is accessible by public transport; (iii) whether the collection point complies with any requirements in the territory plan that relate to access or mobility for people with disability; (iv) for a collection point within an industrial catchment area— the number of bulk deliveries of containers that the collection point is capable of accepting; (v) for a collection point within a residential catchment area— whether the collection point is capable of accepting containers from, and providing refunds to, the residents of the catchment area, or an equivalent number of people, within a reasonable time; (vi) the kind of containers that may be redeemed at the collection point;

Section 24Q page 40 Waste Management and Resource Recovery (g) information about whether the collection points under the arrangement will offer employment opportunities for people with disability; (h) information relating to any approval required under the Planning Act 2023 and whether the approval is held or has been applied for; (i) if the collection point operator must hold a waste facility licence for a collection point— (i) details of the licence; or (ii) if the network operator has applied for a waste facility licence and the application has not been refused but not yet approved—a statement to that effect; (j) a requirement that parties to the arrangement must comply with the Territory privacy principles. Division 4A.4 Collection point arrangements—Act, s 64O (2)

24Q Application for approval of collection point arrangements An application for approval of a collection point arrangement must be accompanied by a copy of the collection point arrangement signed by the parties.

24R Waste manager may request further information (1) The waste manager may, by written notice, require that the applicant for approval of a collection point arrangement gives the waste manager more information— (a) that the waste manager believes on reasonable grounds is needed to decide the application; and (b) within a stated time; and

Collection point arrangements—Act, s 64O (2) Division 4A.4 Section 24S (c) at a stated place. (2) If the applicant does not comply with a requirement in the notice, the waste manager may refuse to consider the application further.

24S Change of information must be provided (1) This section applies if the information in an application for approval of a collection point arrangement changes before the application is decided. (2) The applicant must give the waste manager written notice of the particulars of the change.

24T Decision about application for approval (1) The waste manager must, within the required time after the waste manager receives an application for approval of a collection point arrangement— (a) approve the arrangement; or (b) refuse to approve the arrangement. Note 1 Failure to approve an arrangement within the required time is taken to be a decision not to approve the arrangement (see ACT Civil and Administrative Tribunal Act 2008, s 12). Note 2 A decision under s (1) (b) is a reviewable decision (see s 26A). (2) In deciding whether to approve a collection point arrangement, the waste manager may consider the following: (a) whether the arrangement complies with the requirements of the Act; (b) whether the arrangement requires each party to the arrangement to comply with the Territory privacy principles;

Section 24T page 42 Waste Management and Resource Recovery (c) whether any necessary development approval under the Planning Act 2023 has been, or is likely to be, obtained in relation to the activities authorised or required under the arrangement; (d) whether the collection points under the arrangement will offer employment opportunities for people with disabilities; (e) whether the arrangement provides reasonable access to collection points in the ACT, taking into account— (i) the number of collection points in each catchment area; and (ii) the operating hours for collection points in each catchment area; and (iii) the information about each collection point under section 24P (f); (f) whether the collection point operator is an ACNC registered entity. (3) The waste manager may approve a collection point arrangement subject to conditions. Note A decision under s (3) is a reviewable decision (see s 26A). (4) An approval of a collection point arrangement must— (a) be in writing; and (b) include the following: (i) the names of the parties to the arrangement; (ii) the date the approval expires; (iii) the conditions (if any) of the approval. (5) If the waste manager refuses to approve a collection point arrangement, the waste manager must refund any fee paid in relation to the application.

Collection point arrangements—Act, s 64O (2) Division 4A.4 Section 24U required time means— (a) if the waste manager requires the applicant to give further information under section 24R—56 days after the day the applicant gives the information to the waste manager; or (b) in any other case—56 days after the day the waste manager receives the application.

24U Amendment of collection point arrangement approval (1) The waste manager may, by written notice, amend the approval of a collection point arrangement by— (a) amending a condition imposed by the waste manager under section 24T (3); or (b) imposing a condition on the approval. Note A decision under s (1) is a reviewable decision (see s 26A). (2) The waste manager must give the notice to each party to the collection point arrangement. (3) An amendment takes effect on— (a) the day the notice is given; or (b) if a later day is stated in the notice—the later day.

24V Suspension or revocation of collection point arrangement (1) The waste manager may suspend or revoke the approval of a collection point arrangement if— (a) the approval holder contravenes a condition of the approval; or (b) the approval holder contravenes a provision of the Act, part 10A (Container deposit scheme); or

Section 24V page 44 Waste Management and Resource Recovery (c) the approval holder— (i) is given written notice of an approval fee; and (ii) fails to pay the approval fee by the date stated in the notice; or (d) the collection point arrangement has expired or been terminated and the waste manager is satisfied there is no unresolved dispute between the parties to the arrangement in relation to the expiry or termination. (2) The waste manager must give the approval holder written notice (a show cause notice) of an intention to suspend or revoke the approval of the collection point arrangement, stating— (a) the ground for suspension or revocation; and (b) that the approval holder may, within 14 days after the day the holder is given the notice, give a written submission to the waste manager about the proposed suspension or revocation. (3) The waste manager must consider any submission received by the waste manager in response to the show cause notice when making a decision to suspend or revoke the approval of the collection point (4) The waste manager may suspend or revoke the approval of the collection point arrangement if the waste manager— (a) has given a show cause notice to the approval holder; and (b) has considered any reasons given by the approval holder in response to the show cause notice; and (c) is satisfied the ground for suspension or revocation exists. Note A decision under s (4) is a reviewable decision (see s 26A).

Scheme compliance Division 4A.5 Section 24W (5) The suspension or revocation takes effect— (a) on the day the waste manager gives the approval holder written notice that the approval of the collection point arrangement is suspended or revoked; or (b) if a later day is stated in the notice of suspension or revocation— the later day.

24W Disposal of containers—Act, s 64L (6) (a) and (b) (1) A material recovery facility operator commits an offence if— (a) the operator claims a processing refund for a container; and (b) the container is disposed of to landfill. Maximum penalty: 15 penalty units. (2) An offence against subsection (1) is a strict liability offence. (3) A material recovery facility operator commits an offence if the operator— (a) negligently lets a container be disposed of to landfill; and (b) claims a processing refund for the container. Maximum penalty: 30 penalty units. (4) A material recovery facility operator commits an offence if the operator— (a) knows a container is disposed of to landfill; and (b) claims a processing refund for the container. Maximum penalty: 40 penalty units.

Section 24X page 46 Waste Management and Resource Recovery (5) This section does not apply to the disposal of a part of a container if— (a) the container is consigned for transport to a recycling facility that recycles containers of that kind; and (b) the part of the container is not capable of being recycled at the processing refund—see the Act, section 64L (1). recycling facility means premises, in or outside the ACT, where the processing of containers for reuse or recycling is lawfully carried out.

24X Prescribed information on register—Act, s 64T (4) If the register is kept electronically, the register must include information about whether each collection point is— (a) currently available to accept containers; or (b) currently unavailable to accept containers.

24Y Reports by scheme coordinator—Act, s 64U (1) (c) The following matters are prescribed: (a) the number of containers for which refund amounts have been paid by collection point operators at collection points during the reporting period; (b) the number of containers for which refund amounts have been paid by the scheme coordinator to a material recovery facility operator during the reporting period; (c) the number and location of collection points for which the network operator has collection point arrangements in force at any time during the reporting period;

Scheme compliance Division 4A.5 Section 24Y (d) the number of suppliers in relation to whom a supply arrangement has been in force at any time during the reporting period and the total number of containers that have been supplied during that period by those suppliers; (e) the amounts paid to the network operator under a network arrangement during the reporting period; (f) the total operating costs of the scheme coordinator for the reporting period; (g) the arrangements made by the scheme coordinator during the reporting period for the protection of the confidentiality of commercial information provided to the scheme coordinator by suppliers; (h) the arrangements made by the scheme coordinator during the reporting period for governance and risk management; (i) the arrangements made by the scheme coordinator during the reporting period for minimising the risk of false claims for the payment of refund amounts; (j) all incidents of false claims for the payment of refund amounts identified by the scheme coordinator during the reporting period; (k) all incidents resulting in serious personal injury or property or environmental damage occurring in the course of the collection, handling or transportation of containers in connection with the operation of the scheme identified by the scheme coordinator during the reporting period; (l) the reasons for any failure of the scheme coordinator to meet a performance target during the reporting period, and strategies for rectifying the failure;

Section 24Z page 48 Waste Management and Resource Recovery (m) the trends in the kinds of beverage containers supplied in the ACT; (n) the rate of collection and recycling of containers in the ACT.

Division 4A.6 Acceptance of containers at collection points

24Z Circumstances when refund amount not payable by collection point operator—Act, s 64Y (2) (c) The Act, section 64Y (1) does not apply if— (a) the container is— (i) contaminated with a substance that makes the container— (A) unsuitable for reuse or recycling; or (B) a serious risk to health or safety of people at the collection point or a serious risk to the proper operation of the collection point; or (ii) damaged in a way that prevents— (A) the refund marking from being read; or (B) the barcode from being scanned; or (C) the collection point operator being able to confirm the container is a container; or (b) the person asks the collection point operator to donate the refund amount to an ACNC registered entity operating in the ACT that is nominated by the operator and the operator makes the donation to the ACNC registered entity within 2 working days after the day the operator accepts the container; or

Acceptance of containers at collection points Division 4A.6 Section 24ZA (c) the collection point operator gives the person a written notice of the refund amount and— (i) the collection point arrangement for the collection point provides that the network operator will pay the refund amount to the person within 2 working days after the day the collection point operator accepts the container; and (ii) the network operator pays the refund amount to the person within the 2 working days. mentioned in this section (see Criminal Code, s 58). 24ZA Refund amounts paid by collection point operators—Act, s 64Y (3) A collection point operator must pay the refund amount for a container within 2 working days after the operator accepts the container at a collection point. 24ZB Declaration of number of containers—Act, s 64Z (3) (a) The number of containers for which a refund amount is claimed at the collection point is— (a) 1 500 in 1 presentation; or (b) 3 000 in 1 or more presentations within a 48-hour period. 24ZC Records to be kept—Act, s 64Z (4) The following records are prescribed: (a) a copy of a proof of identity document of a person presenting a container at a collection point; (b) the number of containers presented for which refund amounts have been paid by the collection point operator;

Section 24ZD page 50 Waste Management and Resource Recovery (c) the number of claims for refund amounts that have been made to the collection point; (d) the number of refund declarations requested by and provided to the collection point operator at a collection point; (e) a copy of each refund declaration made at a collection point. 24ZD Refund declaration—Act, s 64Z (7) (a) the name of the person presenting a container to the collection point operator (the claimant); (b) the claimant’s residential address; (c) the number of containers for which a refund amount is claimed by the claimant; (d) the date and time the refund claim is made by the claimant; (e) a declaration signed by the claimant that, for each presented container— (i) the claimant has lawfully acquired ownership of the container; and (ii) the container was acquired in the ACT or in a State in which a corresponding law is in force; and (iii) the claimant is not aware of any refund amount being previously paid for the container.

Section 25

25 Waste manager may determine waste categories for waste activities (1) The waste manager may determine a category of waste (a waste category) for the purpose of obtaining information about waste activities and reporting on waste activities. (2) A determination is a notifiable instrument.

25A Waste activity report information—waste received by waste facility—Act, s 65 (2) (a) (1) The following information is prescribed for a report by a licensee in relation to waste received at the licensee’s waste facility: (a) if the licensee’s waste facility received waste from a registered waste transporter—details of each registered waste transporter that delivered waste to the facility, including the registration details of each waste transporter vehicle that delivered waste; (b) if the facility received waste from an entity other than a registered waste transporter— (i) the registration details of each entity vehicle that delivered waste to the facility; and (ii) details of each location where waste was collected by the entity; and (iii) details of whether the waste was collected from residential premises, business premises or other premises; (c) the dates on which waste was received at the facility; (d) the waste categories received at the facility;

Section 25B page 52 Waste Management and Resource Recovery (e) the amount of waste in each load received at the facility, (ii) the total number of items of a particular waste category. (a) the waste manager has notified the licensee, in writing, that a report need not include the information; or for this section—the licensee gives the waste manager a report including the information required by the system.

25B Waste activity report information—waste collected from waste facility—Act, s 65 (2) (a) (1) The following information is prescribed for a report by a licensee in relation to waste collected from the licensee’s waste facility: (a) if a registered waste transporter collected waste from the licensee’s waste facility—details of each registered waste transporter that collected waste from the facility, including the registration details of each waste transporter vehicle that collected waste; (b) if an entity other than a registered waste transporter collected waste from the licensee’s waste facility—the registration details of each entity vehicle that collected waste from the facility; (c) the dates on which waste was collected from the facility; (d) the waste categories collected from the facility;

Section 25B (e) the amount of waste in each load collected from the facility, (ii) the total number of items of a particular waste category; (f) details of each waste facility or other location where waste collected from the facility was to be transported; (g) details of whether the waste, or materials in the waste, collected from the facility was to be— (i) returned to one of the following productive uses: (A) reuse; (B) civil construction; (C) soil improvement, land rehabilitation and mulch; (D) manufacture of new products similar to those from which the recovered material was derived; (E) manufacture of products other than products mentioned in sub-subparagraph (D); (F) fuel; or (ii) further processed; or (iii) disposed of. (a) the waste manager has notified the licensee, in writing, that a report need not include the information; or for this section—the licensee gives the waste manager a report including the information required by the system.

Section 25C page 54 Waste Management and Resource Recovery

25C Waste activity report information—registered waste transporter—Act, s 65 (2) (a) (1) The following information is prescribed for a report by a registered waste transporter: (a) details of each waste facility or other location where waste was collected by the transporter; (b) details of whether the waste was collected from residential premises, business premises or other premises; (c) the dates on which waste was collected by the transporter; (d) the waste categories collected by the transporter; (e) the amount of waste in each load collected by the transporter, (ii) the total number of items of a particular waste category; (f) details of each waste facility or other location where waste collected by the transporter was transported; (g) details of any additional waste activity to be carried out at the waste facility or other location to which the waste was transported, if known. (a) the waste manager has notified the registered waste transporter, in writing, that a report need not include the information; or for this section—the registered waste transporter gives the waste manager a report including the information required by the system.

Section 26 26 Reporting period for waste activity report—Act, s 65 (3) The period prescribed is each quarter. Note Quarter—see the Legislation Act, dictionary, pt 1.

Part 5A Notification and review of decisions Section 26A page 56 Waste Management and Resource Recovery Part 5A Notification and review of decisions 26A Meaning of reviewable decision—pt 5A reviewable decision means a decision mentioned in schedule 2, column 3 under a provision of this regulation mentioned in column 2 in relation to the decision. 26B Reviewable decision notices If a person makes a reviewable decision, the person must give a reviewable decision notice to each entity mentioned in schedule 2, column 4 in relation to the decision. Note 1 The person must also take reasonable steps to give a reviewable decision notice to any other person whose interests are affected by the decision (see ACT Civil and Administrative Tribunal Act 2008, s 67A). Note 2 The requirements for reviewable decision notices are prescribed under the ACT Civil and Administrative Tribunal Act 2008.

26C Applications for review The following may apply to the ACAT for a review of a reviewable decision: (a) an entity mentioned in schedule 2, column 4 in relation to the decision; (b) any other person whose interests are affected by the decision. Note If a form is approved under the ACT Civil and Administrative Tribunal Act 2008 for the application, the form must be used.

Section 27

27 Waste quantification (1) This section applies if— (a) waste must be quantified— (i) for a fee payable under the Act; or (ii) by the waste manager for the purpose of verifying information in a waste activity report given to the waste manager in accordance with the Act, section 65; and (b) records relating to the waste are inadequate for quantifying the waste; and (c) the waste manager decides that, because of the inadequate records, quantifying the waste must be based on presumptions or estimates of any of the following: (i) whether waste was collected or received at a waste facility; (ii) when waste was collected or received; (iii) the source of waste that was collected or received; (iv) the amount of waste collected or received. (2) Without limiting subsection (1) (b), records relating to waste are inadequate if— (a) no records exist for the waste; or (b) records for the waste are incomplete, inaccurate or inconsistent with other records (whether kept by a waste management business or another entity); or (c) information contained in the records for the waste has been obtained in a way that the waste manager considers inappropriate.

Section 27 page 58 Waste Management and Resource Recovery (3) The waste manager may presume the following, unless the contrary is proven by a waste management business: (a) waste presently or previously at a waste facility is waste that was received at the facility in the course of business; (b) waste was collected by a waste transporter, or received by a waste facility, on the day the waste manager decides that records about collecting or receiving the waste are inadequate. (4) The waste manager may estimate the number of tonnes of waste transported by a waste transporter, or received by a waste facility, using any of the following: (a) a volumetric survey of the waste carried out by a registered surveyor; (b) records of a waste management business; (c) information provided by an authorised person who has seen or inspected a place or thing; (d) records of entities not involved in the operation of a waste management business; (e) any other information available to the waste manager. (5) If the waste manager wishes to use information from a volumetric survey of waste at a waste facility, the waste manager may direct the licensee to do any of the following: (a) arrange for a registered surveyor to carry out a volumetric survey of specified waste at the facility; (b) provide a copy of the surveyor’s report of the survey to the waste manager;

(c) comply with any other condition reasonably related to carrying out the survey. Note The waste manager may direct a licensee to comply with a condition of a licence. A licensee commits an offence if the licensee fails to comply with the direction (see Act, div 13.1). (6) If the waste manager needs to rely on a volumetric survey to estimate the number of tonnes of waste collected by a waste transporter or received by a waste facility, the waste manager must either— (a) take each 2 cubic metres of waste to weigh 1 tonne of waste; or (b) if the waste manager is satisfied that another practicable method estimates the number of tonnes more accurately than a volumetric survey—apply the other method. (7) This section applies whether the waste to be quantified was collected by a waste transporter, or received by a waste facility, before, on or after the commencement of this section. (8) In this section: waste activity report—see the Act, section 65.

28 Certain statutory instruments may incorporate another law or instrument (1) This section applies to any of the following statutory instruments: (a) a declaration under section 11A (Waste manager may declare that certain material is included in a waste definition—Act, s 64 (2) (a), (c) and (d)); (b) a declaration under section 11B (Waste manager may declare that certain material is excluded from a waste definition—Act, s 64 (2) (a), (c) and (d)); (c) a determination under section 25 (Waste manager may determine waste categories for waste activities).

page 60 Waste Management and Resource Recovery (2) The statutory instrument may incorporate— (a) a law or an Australian Standard, as in force from time to time; or (b) another instrument, as in force on the day the statutory instrument is made. (3) The statutory instrument may incorporate the law or instrument with or without changes or modifications. (4) The Legislation Act, section 47 (5) and (6) do not apply to an instrument incorporated under subsection (2) (an incorporated instrument). (5) For an incorporated instrument mentioned in subsection (2) (b), the maker of the statutory instrument must ensure that the version of the instrument that is incorporated is— (a) on the ACT legislation register; or (b) available for inspection by anyone without charge during ordinary office hours at— (i) the office of the maker of the statutory instrument; or (ii) another ACT government office decided by the maker; or (c) accessible on, or by a link on, an ACT government website. (6) An incorporated instrument mentioned in subsection (2) (b) is not enforceable by or against the Territory or anyone else unless it is made accessible in accordance with subsection (5). (7) In this section: ACT law means an Act or statutory instrument. incorporate includes apply or adopt. instrument includes a provision of an instrument. law means an ACT law or a law of another jurisdiction.

law of another jurisdiction means an Act or statutory instrument of the Commonwealth, a State or another Territory and includes a provision of an Act or statutory instrument of those jurisdictions.

Part 1.1 General Section 1.1 page 62 Waste Management and Resource Recovery (see s 11) Part 1.1 General 1.1 Meaning of electronic waste—sch 1 In this schedule: electronic waste—see the Environment Protection Act 1997, dictionary.

Waste definitions Schedule 1 Domestic recyclable waste Part 1.2 Part 1.2 Domestic recyclable waste item 1 aluminium cans, aluminium trays and foil 2 cardboard that is not organic waste under s 11A (1) (b) 3 glass bottles and jars 4 liquid paperboard cartons 5 paper that is not organic waste under s 11A (1) (b) 6 rigid plastic bottles and containers with lids removed 7 steel cans

Part 1.3 Domestic waste—excluded material page 64 Waste Management and Resource Recovery

Part 1.3 Domestic waste—excluded item 1 batteries 2 commercial waste 3 construction waste 4 dead animals that are not organic waste under s 11A (1) (b) 5 demolition waste 6 electronic waste 7 garden waste that is not organic waste under s 11A (1) (b) 8 hot ashes 9 industrial waste 10 oil not used for cooking or other bodily use 11 paints 12 regulated waste 13 rocks or soil 14 sewage 15 solvents

Container deposit scheme Schedule 1A Beverages Part 1A.1 Section 1A.1 (see s 24B and s 24C) Part 1A.1 Beverages 1A.1 Definitions—pt 1A.1 cordial means concentrated syrup that— (a) contains the following ingredients (whether or not it also contains other ingredients): (i) water; (ii) a natural or artificial sweetener; (iii) colouring (whether natural or artificial); (iv) flavouring; and (b) is intended to be diluted before consumption. flavoured milk means milk to which flavouring has been added. flavouring means any natural or artificial flavouring but does not include sweetener. milk includes— (a) any liquid milk product (including any substance in the nature of milk produced from milk concentrate or milk powder); and (b) any plant-based milk substitute. registered health tonic means a liquid that— (a) is included in the Australian Register of Therapeutic Goods under the Therapeutic Goods Act 1989 (Cwlth); and

Part 1A.1 Beverages Section 1A.2 page 66 Waste Management and Resource Recovery (b) is supplied with a label or other accompanying document stating— (i) that the liquid is for medicinal purposes; and (ii) a recommended maximum dosage. 1A.2 Liquids that are not beverages—s 24B item liquid 1 concentrated fruit or vegetable juice (or a mixture of concentrated fruit and vegetable juices) intended to be diluted before consumption 2 cordial 3 milk (other than flavoured milk) 4 registered health tonic

Container deposit scheme Schedule 1A Containers Part 1A.2 Section 1A.3 Part 1A.2 Containers 1A.3 Definitions—pt 1A.2 flavoured milk—see section 1A.1. glass container means a container made wholly or partly of glass. spirituous liquor—a beverage is spirituous liquor if the beverage— (a) is a liqueur, or other alcoholic beverage produced by distillation, or a mixture of both; and (b) is not mixed with any beverage other than a liqueur or an alcoholic beverage produced by distillation. wine—a beverage is wine if the beverage— (a) is produced by fermentation of grapes (whether or not mixed with any other grape product); and (b) is not mixed with any beverage other than a grape product. wine-based beverage means a beverage that— (a) contains a mixture of wine and another beverage that is not a grape product; and (b) has an alcohol by volume content of less than 10%.

Part 1A.2 Containers Section 1A.4 page 68 Waste Management and Resource Recovery 1A.4 What is not a container—s 24C item beverage column 3 container size 1 all beverages except liquids that are not beverages under s 1A.2 less than 150ml 2 all beverages except liquids that are not beverages under s 1A.2 more than 3L 3 beverage comprising at least 90% fruit or vegetable juice (or a mixture of fruit and vegetable juices) 1L or more 4 flavoured milk 1L or more 5 wine if the container is made of plastic or foil, or both (commonly known as a sachet) 250ml or more 6 wine or spirituous liquor if the container is made of glass all sizes 7 wine, wine-based beverage or water if the container is made of— • cardboard and plastic • cardboard and foil • cardboard, plastic and foil (commonly known as a cask or aseptic pack) 1L or more

Reviewable decisions Schedule 2

Schedule 2 Reviewable decisions (see pt 5A) item section column 3 decision column 4 entity 1 24K (1) (b) refuse to approve network arrangement applicant 2 24K (3) approve network arrangement subject to conditions 3 24L (1) amend network arrangement 4 24M (4) suspend or revoke network arrangement approval 5 24T (1) (b) refuse to approve collection point arrangement applicant 6 24T (3) approve collection point arrangement subject to conditions 7 24U (1) amend collection point arrangement approval 8 24V (4) suspend or revoke collection point arrangement approval

page 70 Waste Management and Resource Recovery (see s 3) Note 1 The Legislation Act contains definitions and other provisions relevant to this regulation. Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms: • ACT • breach • chief health officer • chief officer (fire and rescue service) • corporation • Corporations Act • emergency services commissioner • entity • environment protection authority • expire • fail • financial year • may (see s 146) • must (see s 146) • penalty unit (see s 133) • person (see s 160) • quarter • registered surveyor • territory plan • the Territory • year. Note 3 Terms used in this regulation have the same meaning that they have in the Waste Management and Resource Recovery Act 2016 (see Legislation Act, s 148). For example, the following terms are defined in the Waste Management and Resource Recovery Act 2016, dict: • authorised person • beverage (see s 64C)

• collection point (see s 64D) • collection point arrangement (see s 64N (1)) • collection point operator (see s 64B) • container (see s 64E) • corresponding law (see s 64B) • licence • licensee • material recovery facility operator (see s 64B) • network operator (see s 64B) • person • refund amount (see s 64F) • registered • register of waste facility licences • register of waste transporters • registration number (see s 34 (4) (b) (ii)) • scheme administration agreement (s 64H (1)) • scheme coordinator (see s 64B) • scheme coordinator agreement (see s 64B) • waste • waste activity (see s 11) • waste facility (see s 14) • waste manager • waste transporter (see s 13). ABN, for an entity, means the ABN or Australian Business Number for the entity under the A New Tax System (Australian Business Number) Act 1999 (Cwlth). ACN, for an entity, means the ACN or Australian Company Number for the entity under the Corporations Act. ACNC registered entity—see the Charitable Collections Act 2003, dictionary.

page 72 Waste Management and Resource Recovery bulk delivery, of containers, for division 4A.3 (Network operator catchment area, for division 4A.3 (Network operator agreements— Act, s 64N (4))—see section 24N. commencement day, for division 4A.3 (Network operator cordial, for schedule 1A, part 1A.1 (Beverages)—see section 1A.1. district, for division 4A.3 (Network operator agreements—Act, s 64N (4))—see section 24N. division, for division 4A.3 (Network operator agreements—Act, s 64N (4))—see section 24N. domestic recyclable waste, for part 4 (Waste storage, collection etc)—see section 11. domestic waste, for part 4 (Waste storage, collection etc)—see electronic waste, for schedule 1 (Waste definitions)—see the Environment Protection Act 1997, dictionary. flavoured milk, for schedule 1A, part 1A.1 (Beverages) and part 1A.2 (Containers)—see section 1A.1. flavouring, for schedule 1A, part 1A.1 (Beverages)—see section 1A.1. garden waste, for part 4 (Waste storage, collection etc)—see glass container, for schedule 1A, part 1A.2 (Containers)—see industrial catchment area, for division 4A.3 (Network operator keep includes cause or allow to be kept.

manufacturer, for part 3 (Waste transporter registration)—see section 8. milk, for schedule 1A, part 1A.1 (Beverages)—see section 1A.1. model designation, for part 3 (Waste transporter registration)—see section 8. occupier, of premises, for part 4 (Waste storage, collection etc)—see section 11C. organic waste, for part 4 (Waste storage, collection etc)—see premises includes the following: (a) land; (b) any dwelling, building or structure (whether or not it is fixed to the land); (c) part of a thing mentioned in paragraph (a) or (b). registered business name means a business name registered under the Business Names Registration Act 2011 (Cwlth). registered health tonic, for schedule 1A, part 1A.1 (Beverages)—see section 1A.1. regulated waste—see the Environment Protection Act 1997, schedule 1, section 1.1A. residential catchment area, for division 4A.3 (Network operator reviewable decision, for part 5A (Notification and review of decisions)—see section 26A. spirituous liquor, for schedule 1A, part 1A.2 (Containers)—see Territory privacy principles—see the Information Privacy Act 2014, section 13.

page 74 Waste Management and Resource Recovery territory waste container, for part 4 (Waste storage, collection etc)— see section 11C. waste category—see section 25 (1). waste container, for part 4 (Waste storage, collection etc)—see section 11C. waste rectification notice, for part 4 (Waste storage, collection etc)— see section 11C. wine, for schedule 1A, part 1A.2 (Containers)—see section 1A.3. wine-based beverage, for schedule 1A, part 1A.2 (Containers)—see

About the endnotes 1

1 About the endnotes Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes. Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office. Uncommenced amending laws are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history. If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. The endnotes also include a table of earlier republications.

2 Abbreviation key A = Act NI = Notifiable instrument AF = Approved form o = order am = amended om = omitted/repealed amdt = amendment ord = ordinance AR = Assembly resolution orig = original ch = chapter par = paragraph/subparagraph CN = Commencement notice pres = present def = definition prev = previous DI = Disallowable instrument (prev...) = previously dict = dictionary pt = part disallowed = disallowed by the Legislative r = rule/subrule Assembly reloc = relocated div = division renum = renumbered exp = expires/expired R[X] = Republication No Gaz = gazette RI = reissue hdg = heading s = section/subsection IA = Interpretation Act 1967 sch = schedule ins = inserted/added sdiv = subdivision LA = Legislation Act 2001 SL = Subordinate law LR = legislation register sub = substituted LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced mod = modified/modification or to be expired

3 Legislation history page 76 Waste Management and Resource Recovery

3 Legislation history Waste Management and Resource Recovery Regulation 2017 SL2017-20 notified LR 14 July 2017 s 1, s 2 commenced 14 July 2017 (LA s 75 (1)) remainder commenced 15 July 2017 (s 2) as amended by Waste Management and Resource Recovery (Container Deposit Scheme) Amendment Regulation 2018 (No 1) SL2018-9 notified LR 18 June 2018 s 1, s 2 commenced 18 June 2018 (LA s 75 (1)) remainder commenced 30 June 2018 (s 2 and see Waste Management and Resource Recovery Amendment Act 2017 A2017-36, s 2 (1) (as am by A2018-17 s 4) and CN2018-7) Waste Management and Resource Recovery Amendment Regulation 2021 (No 1) SL2021-24 notified LR 22 October 2021 s 1, s 2 commenced 22 October 2021 (LA s 75 (1)) remainder commenced 1 November 2021 (s 2) Planning (Consequential Amendments) Act 2023 A2023-36 sch 1 pt 1.70 notified LR 29 September 2023 s 1, s 2 commenced 29 September 2023 (LA s 75 (1)) sch 1 pt 1.70 commenced 27 November 2023 (s 2 (1) and see Planning Act 2023 A2023-18, s 2 (2) and CN2023-10) Better Regulation Legislation Amendment Act 2025 A2025-13 pt 12 notified LR 26 May 2025 s 1, s 2 commenced 26 May 2025 (LA s 75 (1)) pt 12 commenced 26 November 2025 (s 2 (2) and LA s 79)

Commencement s 2 om LA s 89 (4) Information for licence application—Act, s 19 (2) (b) s 6 am A2023-36 amdt 1.408; A2025-13 s 35; pars renum R5 LA Information for register of waste facility licences—Act, s 25 (2) (a) s 7A ins A2025-13 s 36 Register of waste facility licences—public information—Act, s 25 (4) (b) s 7B ins A2025-13 s 36 Information for registration application—Act, s 31 (2) (b) s 9 am A2025-13 s 37; pars renum R5 LA Information for register of waste transporters—Act, s 37 (2) (a) s 10 am A2025-13 ss 38-41; pars renum R5 LA Register of waste transporters—public information—Act, s 37 (4) (b) s 10A ins A2025-13 s 41 Definitions—pt 4 div 4.1 hdg ins SL2021-24 s 4 Waste definitions—pt 4 s 11 sub SL2021-24 s 4 def domestic recyclable waste sub SL2021-24 s 4 def domestic waste ins SL2021-24 s 4 def garden waste ins SL2021-24 s 4 def occupier om SL2021-24 s 4 def organic waste ins SL2021-24 s 4 def territory waste container om SL2021-24 s 4 def waste rectification notice om SL2021-24 s 4 Waste manager may declare that certain material is included in a waste definition—Act, s 64 (2) (a), (c) and (d) s 11A ins SL2021-24 s 4 Waste manager may declare that certain material is excluded from a waste definition—Act, s 64 (2) (a), (c) and (d) s 11B ins SL2021-24 s 4 Other definitions—pt 4 s 11C ins SL2021-24 s 4 def occupier ins SL2021-24 s 4 def territory waste container ins SL2021-24 s 4 def waste container ins SL2021-24 s 4 def waste rectification notice ins SL2021-24 s 4

page 78 Waste Management and Resource Recovery Responsibilities and liabilities of joint occupiers s 12 reloc and renum as s 24AB Disposal of regulated waste at waste facility s 13 renum and reloc as s 24AC Interfering with waste etc at waste facility s 14 reloc and renum as s 24AF Waste transporter must give information about waste disposed at waste facility s 15 reloc and renum as s 24AH Waste escaping from vehicle or equipment s 16 reloc and renum as s 24AJ Waste rectification notice—Act, s 64 (2) (a) and (d) s 17 reloc and renum as s 24AA Responsibilities in dealing with waste div 4.2 hdg ins SL2021-24 s 16 Occupier’s responsibilities s 17A ins SL2021-24 s 16 Territory waste containers s 17B ins SL2021-24 s 16 Waste segregation—Act, s 64 (2) (a) and (d) s 18 am SL2021-24 ss 17-20 Failure to keep waste in waste container—Act, s 64 (2) (d) s 19 am SL2021-24 s 21 Unhygienic waste container—Act, s 64 (2) (d) s 20 am SL2021-24 s 22 Waste container not closed—Act, s 64 (2) (d) s 22 am SL2021-24 s 23 Location of waste container—Act, s 64 (2) (d) s 23 am SL2021-24 ss 24-26 Entry to premises—Act, s 64 (2) (e) s 24 hdg sub SL2021-24 s 27 Waste rectification notices div 4.3 hdg ins SL2021-24 s 28 Waste rectification notice—Act, s 64 (2) (a) and (d) s 24AA (prev s 17) am SL2021-24 s 13, s 14 reloc and renum as s 24AA SL2021-24 s 15

Responsibilities and liabilities of joint occupiers s 24AB (prev s 12) reloc and renum as s 24AB SL2021-24 s 5 Dealing with waste at waste facilities div 4.4 hdg ins SL2021-24 s 28 Disposal of regulated waste at waste facility s 24AC (prev s 13) sub SL2021-24 s 6 reloc and renum as s 24AC SL2021-24 s 7 Knowingly dispose of regulated waste at waste facility s 24AD ins SL2021-24 s 28 Disposal of waste in contravention of sign on or near waste container at waste facility s 24AE ins SL2021-24 s 28 Interfering with waste etc at waste facility s 24AF (prev s 14) sub SL2021-24 s 8 reloc and renum as s 24AF SL2021-24 s 9 Failure to comply with direction of waste facility operator s 24AG ins SL2021-24 s 28 Waste transporter must give information about waste disposed at waste facility s 24AH (prev s 15) sub SL2021-24 s 10 reloc and renum as s 24AH SL2021-24 s 11 Vehicle-related offences at waste facilities s 24AI ins SL2021-24 s 28 Waste escaping from vehicle or equipment s 24AJ (prev s 16) reloc and renum as s 24AJ SL2021-24 s 12 Container deposit scheme pt 4A hdg ins SL2018-9 s 4 General div 4A.1 hdg ins SL2018-9 s 4 Meaning of corresponding law—Act, s 64B s 24A ins SL2018-9 s 4 am SL2021-24 s 29 Liquids that are not beverages—Act, s 64C, def beverage, par (b) s 24B ins SL2018-9 s 4 sub SL2021-24 s 30 What is not a container—Act, s 64E, def container, par (b) s 24C ins SL2018-9 s 4 sub SL2021-24 s 30

page 80 Waste Management and Resource Recovery Refund amount—Act, s 64F s 24D ins SL2018-9 s 4 Refund marking—Act, s 64G s 24E ins SL2018-9 s 4 Suitability requirements—Act, s 64H (5) s 24F ins SL2018-9 s 4 Contents of scheme arrangements under scheme coordinator agreement— Act, s 64J (4) (b) s 24G ins SL2018-9 s 4 am SL2021-24 s 31; A2023-36 amdt 1.408 Network arrangements—Act, s 64K (2) div 4A.2 hdg ins SL2018-9 s 4 Application for approval of network arrangements s 24H ins SL2018-9 s 4 Waste manager may request further information s 24I ins SL2018-9 s 4 Change of information must be provided s 24J ins SL2018-9 s 4 Decision about application for approval s 24K ins SL2018-9 s 4 am A2023-36 amdt 1.408 Amendment of network arrangement approval s 24L ins SL2018-9 s 4 Suspension or revocation of network arrangement approval s 24M ins SL2018-9 s 4 Network operator agreements—Act, s 64N (4) div 4A.3 hdg ins SL2018-9 s 4 Definitions—div 4A.3 s 24N ins SL2018-9 s 4 def bulk delivery ins SL2018-9 s 4 def catchment area ins SL2018-9 s 4 def commencement day ins SL2018-9 s 4 def district ins SL2018-9 s 4 def division ins SL2018-9 s 4 def industrial catchment area ins SL2018-9 s 4 def residential catchment area ins SL2018-9 s 4 Network operator agreements—performance targets—Act, s 64N (4) (a) s 24O ins SL2018-9 s 4

Network operator agreements—content of collection point arrangements under agreement—Act, s 64N (4) (b) s 24P ins SL2018-9 s 4 sub SL2021-24 s 32 am A2023-36 amdt 1.409, amdt 1.410 Collection point arrangements—Act, s 64O (2) div 4A.4 hdg ins SL2018-9 s 4 Application for approval of collection point arrangements s 24Q ins SL2018-9 s 4 sub SL2021-24 s 33 Waste manager may request further information s 24R ins SL2018-9 s 4 Change of information must be provided s 24S ins SL2018-9 s 4 Decision about application for approval s 24T ins SL2018-9 s 4 am SL2021-24 s 34; A2023-36 amdt 1.410 Amendment of collection point arrangement approval s 24U ins SL2018-9 s 4 Suspension or revocation of collection point arrangement approval s 24V ins SL2018-9 s 4 Scheme compliance div 4A.5 hdg ins SL2018-9 s 4 Disposal of containers—Act, s 64L (6) (a) and (b) s 24W ins SL2018-9 s 4 Prescribed information on register—Act, s 64T (4) s 24X ins SL2018-9 s 4 Reports by scheme coordinator—Act, s 64U (1) (c) s 24Y ins SL2018-9 s 4 Acceptance of containers at collection points div 4A.6 hdg ins SL2018-9 s 4 Circumstances when refund amount not payable by collection point operator—Act, s 64Y (2) (c) s 24Z ins SL2018-9 s 4 am SL2021-24 s 35; pars renum R3 LA Refund amounts paid by collection point operators—Act, s 64Y (3) s 24ZA ins SL2018-9 s 4

page 82 Waste Management and Resource Recovery Declaration of number of containers—Act, s 64Z (3) (a) s 24ZB ins SL2018-9 s 4 sub SL2021-24 s 36 Records to be kept—Act, s 64Z (4) s 24ZC ins SL2018-9 s 4 Refund declaration—Act, s 64Z (7) s 24ZD ins SL2018-9 s 4 Waste manager may determine waste categories for waste activities s 25 sub SL2021-24 s 37 Waste activity report information—waste received by waste facility—Act, s 25A ins SL2021-24 s 37 Waste activity report information—waste collected from waste facility—Act, s 25B ins SL2021-24 s 37 Waste activity report information—registered waste transporter—Act, s 25C ins SL2021-24 s 37 Notification and review of decisions pt 5A hdg ins SL2018-9 s 5 Meaning of reviewable decision—pt 5A s 26A ins SL2018-9 s 5 Reviewable decision notices s 26B ins SL2018-9 s 5 Applications for review s 26C ins SL2018-9 s 5 Certain statutory instruments may incorporate another law or instrument s 28 ins SL2021-24 s 38 Waste definitions sch 1 sub SL2021-24 s 39 Container deposit scheme sch 1A ins SL2021-24 s 39 Reviewable decisions sch 2 ins SL2018-9 s 6 dict am SL2018-9 s 7, s 8; A2025-13 s 42 def ACNC registered entity ins SL2018-9 s 9 def bulk delivery ins SL2018-9 s 9

def catchment area ins SL2018-9 s 9 def commencement day ins SL2018-9 s 9 def cordial ins SL2021-24 s 40 def district ins SL2018-9 s 9 def division ins SL2018-9 s 9 def domestic waste ins SL2021-24 s 40 def electronic waste ins SL2021-24 s 40 def flavoured milk ins SL2021-24 s 40 def flavouring ins SL2021-24 s 40 def garden waste ins SL2021-24 s 40 def glass container ins SL2021-24 s 40 def industrial catchment area ins SL2018-9 s 9 def milk ins SL2021-24 s 40 def occupier sub SL2021-24 s 41 def organic waste ins SL2021-24 s 42 def registered business name ins A2025-13 s 43 def registered health tonic ins SL2021-24 s 42 def residential catchment area ins SL2018-9 s 9 def reviewable decision ins SL2018-9 s 9 def spirituous liquor ins SL2021-24 s 42 def Territory privacy principles ins SL2018-9 s 9 def territory waste container sub SL2021-24 s 43 def waste category sub SL2021-24 s 43 def waste container ins SL2021-24 s 44 def waste rectification notice sub SL2021-24 s 45 def wine ins SL2021-24 s 46 def wine-based beverage ins SL2021-24 s 46

5 Earlier republications page 84 Waste Management and Resource Recovery

5 Earlier republications Some earlier republications were not numbered. The number in column 1 refers to the publication order. Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical. Republication No and date Effective Last amendment made by Republication for 15 July 2017– not amended new regulation 30 June 2018– 31 Oct 2021 SL2018-9 amendments by SL2018-9 1 Nov 2021 1 Nov 2021– 26 Nov 2023 SL2021-24 amendments by SL2021-24 27 Nov 2023 27 Nov 2023– 25 Nov 2025 A2023-36 amendments by A2023-36