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Waste Reduction and Recycling Act 2011
sec.26Definitions for chapter
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### sec.26 Definitions for chapter
In this chapter—
active landfill cell means that part of a landfill where waste is currently being disposed of.
bad debt credit see section 72K (1) .
bad debt credit application means an application made under section 72L .
disaster see the Disaster Management Act 2003 , section 13 .
disaster management waste means waste generated by or because of a disaster that is or has been the subject of a declaration of a disaster situation under the Disaster Management Act 2003 , but only within the limits, if any, declared by the chief executive, by publication on the department’s website, for a particular disaster.
disaster situation see the Disaster Management Act 2003 , schedule.
discounted rate , for the waste levy for residue waste, see section 44 (4) .
dredge spoil means natural material that has been removed from a waterway—
for the purpose of creating, maintaining or enlarging a channel, basin, port, berth or other similar thing; or
to undertake flood mitigation activities in naturally occurring surface waters.
due date for payment , of a waste levy amount, means—
if an extension of time has been granted under section 72G , 72H or 72I for payment of the waste levy amount—the end of the extension; or
if there is a waste levy instalment agreement in place between the chief executive and the operator of a levyable waste disposal site who owes the amount—the day provided for in the agreement; or
otherwise—the end of the 28th day of the second month after the end of the levy period for the levyable waste disposal site of the operator who owes the amount.
exempt waste means—
disaster management waste; or
serious local event waste; or
waste approved by the chief executive to be exempt waste for a particular exempt waste application; or
1 of the following types of waste if lawfully managed and transported—
waste that is any of the following and is not mixed with other types of waste—
non-friable asbestos-containing material;
waste that has asbestos-containing material bonded to it;
any disposal items used during asbestos removal work including plastic sheeting and disposal tools;
waste containing friable asbestos-containing material that has been removed by the holder of an asbestos removal licence issued under the Work Health and Safety Act 2011 or under another licence or authority that authorises the removal of friable asbestos under a law of another State; or
dredge spoil if, for dredge spoil that is acid sulfate soil, the dredge spoil has been treated in accordance with best practice environmental management, within the meaning of the Environmental Protection Act , section 21 , for the treatment and management of acid sulfate soils, as stated in a guideline prescribed by regulation; or
waste collected by or for the State, a local government or a plantation licensee under the Forestry Act 1959 to remediate the results of a person having done something that may be an offence under section 103 or 104 ; or
other waste—
prescribed by regulation to be exempt waste; or
for which there is in force under this chapter a declaration by the chief executive that the waste is exempt waste.
s 26 def exempt waste amd 2023 No. 15 s 22
exempt waste application see section 28 (1) .
feedstock , for a recycling activity, means the waste or other material that is to be used for the recycling activity.
friable asbestos-containing material means material containing asbestos that is in powder form or that can be crumbled, pulverized or reduced to powder by hand when dry.
lawfully managed and transported , for asbestos or waste containing asbestos, means managed and transported in compliance with the requirements applying, under the Public Health Act 2005 and any other Act, to its management and transport.
levyable waste means waste, other than exempt waste, that is delivered to a levyable waste disposal site.
levyable waste disposal site —
means a waste disposal site, whether under the ownership or control of the State, a local government or otherwise; but
does not include a part of the waste disposal site that is a resource recovery area.
levy period , for a levyable waste disposal site, means—
for a section 325 small site, until 30 June 2021—either of the following periods—
the period starting on 1 July 2019 and ending on 30 June 2020;
the period starting on 1 July 2020 and ending on 30 June 2021; or
otherwise—a month.
monitoring system see section 62 .
non-friable asbestos-containing material means any manufactured material or thing that—
contains asbestos as part of its design; but
does not contain friable asbestos-containing material.
non-levy zone means the part of the State outside the waste levy zone.
progressive capping means capping of active landfill cells at a waste disposal site on a cell-by-cell basis.
residue waste means the waste from a recycling activity that is commonly disposed of to landfill after the recoverable components have been removed from material.
In metal recycling, the residue waste is the mainly non-metal component that results from recycling products such as motor vehicles, whitegoods, televisions and computers that have reached the end of their useful life.
residue waste discounting application see section 44 (1) .
resource recovery area see section 72R .
section 325 small site means a small site the operator of which, under section 325 , is not required to comply with the requirements of section 61 (2) to measure and record waste in compliance with the weight measurement criteria.
serious local event —
A serious local event is a serious disruption in a community, caused by the impact of an event, that requires a significant coordinated response by a local government and other entities to help the community recover from the disruption.
For paragraph 1—
a serious disruption is—
loss of human life, or illness or injury to humans; or
widespread or severe property loss or damage; or
widespread or severe damage to the environment; and
an event is an event under the Disaster Management Act 2003 , section 16 .
serious local event waste —
means waste generated by activities in the immediate preparation for, or by or because of, a serious local event—
but only within the limits, if any, declared by the chief executive under section 27B , for the serious local event; and
subject to the requirements of section 27A ; but
does not include waste generated by activities in general preparation for storms that are predicted or are likely to occur in a particular season each year or in anticipation of the next cyclone season.
small site means a levyable waste disposal site the operator of which is required to hold an environmental authority for the disposal of 2,000 tonnes or less of waste in a year at the site.
waste data return see section 72 (1) .
waste levy see section 36 .
waste levy amount means an amount of waste levy.
waste levy instalment agreement see section 72B (1) .
waste levy zone means the part of the State made up of the local government areas prescribed by regulation as provided for in this chapter.
weight measurement criteria means the weight measurement criteria prescribed by regulation.
s 26 prev s 26 om 2013 No. 6 s 22
pres s 26 ins 2019 No. 2 s 6
(sec.26-ssec) In this chapter— active landfill cell means that part of a landfill where waste is currently being disposed of. bad debt credit see section 72K (1) . bad debt credit application means an application made under section 72L . disaster see the Disaster Management Act 2003 , section 13 . disaster management waste means waste generated by or because of a disaster that is or has been the subject of a declaration of a disaster situation under the Disaster Management Act 2003 , but only within the limits, if any, declared by the chief executive, by publication on the department’s website, for a particular disaster. disaster situation see the Disaster Management Act 2003 , schedule. discounted rate , for the waste levy for residue waste, see section 44 (4) . dredge spoil means natural material that has been removed from a waterway— for the purpose of creating, maintaining or enlarging a channel, basin, port, berth or other similar thing; or to undertake flood mitigation activities in naturally occurring surface waters. due date for payment , of a waste levy amount, means— if an extension of time has been granted under section 72G , 72H or 72I for payment of the waste levy amount—the end of the extension; or if there is a waste levy instalment agreement in place between the chief executive and the operator of a levyable waste disposal site who owes the amount—the day provided for in the agreement; or otherwise—the end of the 28th day of the second month after the end of the levy period for the levyable waste disposal site of the operator who owes the amount. exempt waste means— disaster management waste; or serious local event waste; or waste approved by the chief executive to be exempt waste for a particular exempt waste application; or 1 of the following types of waste if lawfully managed and transported— waste that is any of the following and is not mixed with other types of waste— non-friable asbestos-containing material; waste that has asbestos-containing material bonded to it; any disposal items used during asbestos removal work including plastic sheeting and disposal tools; waste containing friable asbestos-containing material that has been removed by the holder of an asbestos removal licence issued under the Work Health and Safety Act 2011 or under another licence or authority that authorises the removal of friable asbestos under a law of another State; or dredge spoil if, for dredge spoil that is acid sulfate soil, the dredge spoil has been treated in accordance with best practice environmental management, within the meaning of the Environmental Protection Act , section 21 , for the treatment and management of acid sulfate soils, as stated in a guideline prescribed by regulation; or waste collected by or for the State, a local government or a plantation licensee under the Forestry Act 1959 to remediate the results of a person having done something that may be an offence under section 103 or 104 ; or other waste— prescribed by regulation to be exempt waste; or for which there is in force under this chapter a declaration by the chief executive that the waste is exempt waste. s 26 def exempt waste amd 2023 No. 15 s 22 exempt waste application see section 28 (1) . feedstock , for a recycling activity, means the waste or other material that is to be used for the recycling activity. friable asbestos-containing material means material containing asbestos that is in powder form or that can be crumbled, pulverized or reduced to powder by hand when dry. lawfully managed and transported , for asbestos or waste containing asbestos, means managed and transported in compliance with the requirements applying, under the Public Health Act 2005 and any other Act, to its management and transport. levyable waste means waste, other than exempt waste, that is delivered to a levyable waste disposal site. levyable waste disposal site — means a waste disposal site, whether under the ownership or control of the State, a local government or otherwise; but does not include a part of the waste disposal site that is a resource recovery area. levy period , for a levyable waste disposal site, means— for a section 325 small site, until 30 June 2021—either of the following periods— the period starting on 1 July 2019 and ending on 30 June 2020; the period starting on 1 July 2020 and ending on 30 June 2021; or otherwise—a month. monitoring system see section 62 . non-friable asbestos-containing material means any manufactured material or thing that— contains asbestos as part of its design; but does not contain friable asbestos-containing material. non-levy zone means the part of the State outside the waste levy zone. progressive capping means capping of active landfill cells at a waste disposal site on a cell-by-cell basis. residue waste means the waste from a recycling activity that is commonly disposed of to landfill after the recoverable components have been removed from material. In metal recycling, the residue waste is the mainly non-metal component that results from recycling products such as motor vehicles, whitegoods, televisions and computers that have reached the end of their useful life. residue waste discounting application see section 44 (1) . resource recovery area see section 72R . section 325 small site means a small site the operator of which, under section 325 , is not required to comply with the requirements of section 61 (2) to measure and record waste in compliance with the weight measurement criteria. serious local event — A serious local event is a serious disruption in a community, caused by the impact of an event, that requires a significant coordinated response by a local government and other entities to help the community recover from the disruption. For paragraph 1— a serious disruption is— loss of human life, or illness or injury to humans; or widespread or severe property loss or damage; or widespread or severe damage to the environment; and an event is an event under the Disaster Management Act 2003 , section 16 . serious local event waste — means waste generated by activities in the immediate preparation for, or by or because of, a serious local event— but only within the limits, if any, declared by the chief executive under section 27B , for the serious local event; and subject to the requirements of section 27A ; but does not include waste generated by activities in general preparation for storms that are predicted or are likely to occur in a particular season each year or in anticipation of the next cyclone season. small site means a levyable waste disposal site the operator of which is required to hold an environmental authority for the disposal of 2,000 tonnes or less of waste in a year at the site. waste data return see section 72 (1) . waste levy see section 36 . waste levy amount means an amount of waste levy. waste levy instalment agreement see section 72B (1) . waste levy zone means the part of the State made up of the local government areas prescribed by regulation as provided for in this chapter. weight measurement criteria means the weight measurement criteria prescribed by regulation.
- (a) for the purpose of creating, maintaining or enlarging a channel, basin, port, berth or other similar thing; or
- (b) to undertake flood mitigation activities in naturally occurring surface waters.
- (a) if an extension of time has been granted under section 72G , 72H or 72I for payment of the waste levy amount—the end of the extension; or
- (b) if there is a waste levy instalment agreement in place between the chief executive and the operator of a levyable waste disposal site who owes the amount—the day provided for in the agreement; or
- (c) otherwise—the end of the 28th day of the second month after the end of the levy period for the levyable waste disposal site of the operator who owes the amount.
- (a) disaster management waste; or
- (aa) serious local event waste; or
- (b) waste approved by the chief executive to be exempt waste for a particular exempt waste application; or
- (c) 1 of the following types of waste if lawfully managed and transported— (i) waste that is any of the following and is not mixed with other types of waste— (A) non-friable asbestos-containing material; (B) waste that has asbestos-containing material bonded to it; (C) any disposal items used during asbestos removal work including plastic sheeting and disposal tools; (ii) waste containing friable asbestos-containing material that has been removed by the holder of an asbestos removal licence issued under the Work Health and Safety Act 2011 or under another licence or authority that authorises the removal of friable asbestos under a law of another State; or
- (i) waste that is any of the following and is not mixed with other types of waste— (A) non-friable asbestos-containing material; (B) waste that has asbestos-containing material bonded to it; (C) any disposal items used during asbestos removal work including plastic sheeting and disposal tools;
- (A) non-friable asbestos-containing material;
- (B) waste that has asbestos-containing material bonded to it;
- (C) any disposal items used during asbestos removal work including plastic sheeting and disposal tools;
- (ii) waste containing friable asbestos-containing material that has been removed by the holder of an asbestos removal licence issued under the Work Health and Safety Act 2011 or under another licence or authority that authorises the removal of friable asbestos under a law of another State; or
- (d) dredge spoil if, for dredge spoil that is acid sulfate soil, the dredge spoil has been treated in accordance with best practice environmental management, within the meaning of the Environmental Protection Act , section 21 , for the treatment and management of acid sulfate soils, as stated in a guideline prescribed by regulation; or
- (e) waste collected by or for the State, a local government or a plantation licensee under the Forestry Act 1959 to remediate the results of a person having done something that may be an offence under section 103 or 104 ; or
- (f) other waste— (i) prescribed by regulation to be exempt waste; or (ii) for which there is in force under this chapter a declaration by the chief executive that the waste is exempt waste.
- (i) prescribed by regulation to be exempt waste; or
- (ii) for which there is in force under this chapter a declaration by the chief executive that the waste is exempt waste.
- (i) waste that is any of the following and is not mixed with other types of waste— (A) non-friable asbestos-containing material; (B) waste that has asbestos-containing material bonded to it; (C) any disposal items used during asbestos removal work including plastic sheeting and disposal tools;
- (A) non-friable asbestos-containing material;
- (B) waste that has asbestos-containing material bonded to it;
- (C) any disposal items used during asbestos removal work including plastic sheeting and disposal tools;
- (ii) waste containing friable asbestos-containing material that has been removed by the holder of an asbestos removal licence issued under the Work Health and Safety Act 2011 or under another licence or authority that authorises the removal of friable asbestos under a law of another State; or
- (A) non-friable asbestos-containing material;
- (B) waste that has asbestos-containing material bonded to it;
- (C) any disposal items used during asbestos removal work including plastic sheeting and disposal tools;
- (i) prescribed by regulation to be exempt waste; or
- (ii) for which there is in force under this chapter a declaration by the chief executive that the waste is exempt waste.
- (a) means a waste disposal site, whether under the ownership or control of the State, a local government or otherwise; but
- (b) does not include a part of the waste disposal site that is a resource recovery area.
- (a) for a section 325 small site, until 30 June 2021—either of the following periods— (i) the period starting on 1 July 2019 and ending on 30 June 2020; (ii) the period starting on 1 July 2020 and ending on 30 June 2021; or
- (i) the period starting on 1 July 2019 and ending on 30 June 2020;
- (ii) the period starting on 1 July 2020 and ending on 30 June 2021; or
- (b) otherwise—a month.
- (i) the period starting on 1 July 2019 and ending on 30 June 2020;
- (ii) the period starting on 1 July 2020 and ending on 30 June 2021; or
- (a) contains asbestos as part of its design; but
- (b) does not contain friable asbestos-containing material.
- 1 A serious local event is a serious disruption in a community, caused by the impact of an event, that requires a significant coordinated response by a local government and other entities to help the community recover from the disruption.
- 2 For paragraph 1— (a) a serious disruption is— (i) loss of human life, or illness or injury to humans; or (ii) widespread or severe property loss or damage; or (iii) widespread or severe damage to the environment; and (b) an event is an event under the Disaster Management Act 2003 , section 16 .
- (a) a serious disruption is— (i) loss of human life, or illness or injury to humans; or (ii) widespread or severe property loss or damage; or (iii) widespread or severe damage to the environment; and
- (i) loss of human life, or illness or injury to humans; or
- (ii) widespread or severe property loss or damage; or
- (iii) widespread or severe damage to the environment; and
- (b) an event is an event under the Disaster Management Act 2003 , section 16 .
- (a) a serious disruption is— (i) loss of human life, or illness or injury to humans; or (ii) widespread or severe property loss or damage; or (iii) widespread or severe damage to the environment; and
- (i) loss of human life, or illness or injury to humans; or
- (ii) widespread or severe property loss or damage; or
- (iii) widespread or severe damage to the environment; and
- (b) an event is an event under the Disaster Management Act 2003 , section 16 .
- (i) loss of human life, or illness or injury to humans; or
- (ii) widespread or severe property loss or damage; or
- (iii) widespread or severe damage to the environment; and
- (a) means waste generated by activities in the immediate preparation for, or by or because of, a serious local event— (i) but only within the limits, if any, declared by the chief executive under section 27B , for the serious local event; and (ii) subject to the requirements of section 27A ; but
- (i) but only within the limits, if any, declared by the chief executive under section 27B , for the serious local event; and
- (ii) subject to the requirements of section 27A ; but
- (b) does not include waste generated by activities in general preparation for storms that are predicted or are likely to occur in a particular season each year or in anticipation of the next cyclone season.
- (i) but only within the limits, if any, declared by the chief executive under section 27B , for the serious local event; and
- (ii) subject to the requirements of section 27A ; but