24Entry to premises—Act, s 64 (2) (e)

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.