QLDIn ForceAct
Waste Reduction and Recycling Act 2011
sec.28Application for approval of waste as exempt waste
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### sec.28 Application for approval of waste as exempt waste
A person may apply to the chief executive for approval of waste, identified in the application (an exempt waste application ), as exempt waste.
However, the application may be about only 1 of the following types of waste—
waste that has been donated to a charitable recycling entity but that can not practicably be re-used, recycled or sold;
waste collected by members of the community during an organised event directed at remediating the results of a person having done something that may be an offence under section 103 or 104 ;
earth contaminated with a hazardous contaminant from land recorded in the environmental management register or contaminated land register;
waste to be used at a levyable waste disposal site for a purpose necessary for the operation of the site, including, for example, building infrastructure, temporary or daily covering, progressive capping, batter construction, final capping, profiling and site rehabilitation;
biosecurity waste;
serious local event waste.
Also, if the application is about biosecurity waste, the application may be made only by the chief executive of the department in which the Biosecurity Act 2014 is administered.
In addition, if the application is about serious local event waste, the application may be made only by the chief executive officer of the local government in whose local government area the serious local event waste was generated.
The application must—
be in the approved form; and
be supported by enough information to allow the chief executive to decide the application; and
be accompanied by the fee prescribed by regulation.
In this section—
biosecurity waste means waste made up of matter that is subject to the operation of the Biosecurity Act 2014 .
charitable recycling entity means an entity that—
operates on a not-for-profit basis; and
is registered as a charity under the Collections Act 1966 ; and
is a Deductible Gift Recipient for the purposes of laws administered by the Australian Taxation Office of the Commonwealth; and
actively and consistently operates a recycling or re-use program for—
providing emergency assistance; or
otherwise supporting the charitable purposes of the entity.
s 28 prev s 28 om 2013 No. 6 s 23
pres s 28 ins 2019 No. 2 s 6
(sec.28-ssec.1) A person may apply to the chief executive for approval of waste, identified in the application (an exempt waste application ), as exempt waste.
(sec.28-ssec.2) However, the application may be about only 1 of the following types of waste— waste that has been donated to a charitable recycling entity but that can not practicably be re-used, recycled or sold; waste collected by members of the community during an organised event directed at remediating the results of a person having done something that may be an offence under section 103 or 104 ; earth contaminated with a hazardous contaminant from land recorded in the environmental management register or contaminated land register; waste to be used at a levyable waste disposal site for a purpose necessary for the operation of the site, including, for example, building infrastructure, temporary or daily covering, progressive capping, batter construction, final capping, profiling and site rehabilitation; biosecurity waste; serious local event waste.
(sec.28-ssec.3) Also, if the application is about biosecurity waste, the application may be made only by the chief executive of the department in which the Biosecurity Act 2014 is administered.
(sec.28-ssec.3A) In addition, if the application is about serious local event waste, the application may be made only by the chief executive officer of the local government in whose local government area the serious local event waste was generated.
(sec.28-ssec.4) The application must— be in the approved form; and be supported by enough information to allow the chief executive to decide the application; and be accompanied by the fee prescribed by regulation.
(sec.28-ssec.5) In this section— biosecurity waste means waste made up of matter that is subject to the operation of the Biosecurity Act 2014 . charitable recycling entity means an entity that— operates on a not-for-profit basis; and is registered as a charity under the Collections Act 1966 ; and is a Deductible Gift Recipient for the purposes of laws administered by the Australian Taxation Office of the Commonwealth; and actively and consistently operates a recycling or re-use program for— providing emergency assistance; or otherwise supporting the charitable purposes of the entity.
- (a) waste that has been donated to a charitable recycling entity but that can not practicably be re-used, recycled or sold;
- (b) waste collected by members of the community during an organised event directed at remediating the results of a person having done something that may be an offence under section 103 or 104 ;
- (c) earth contaminated with a hazardous contaminant from land recorded in the environmental management register or contaminated land register;
- (d) waste to be used at a levyable waste disposal site for a purpose necessary for the operation of the site, including, for example, building infrastructure, temporary or daily covering, progressive capping, batter construction, final capping, profiling and site rehabilitation;
- (e) biosecurity waste;
- (f) serious local event waste.
- (a) be in the approved form; and
- (b) be supported by enough information to allow the chief executive to decide the application; and
- (c) be accompanied by the fee prescribed by regulation.
- (a) operates on a not-for-profit basis; and
- (b) is registered as a charity under the Collections Act 1966 ; and
- (c) is a Deductible Gift Recipient for the purposes of laws administered by the Australian Taxation Office of the Commonwealth; and
- (d) actively and consistently operates a recycling or re-use program for— (i) providing emergency assistance; or (ii) otherwise supporting the charitable purposes of the entity.
- (i) providing emergency assistance; or
- (ii) otherwise supporting the charitable purposes of the entity.
- (i) providing emergency assistance; or
- (ii) otherwise supporting the charitable purposes of the entity.