QLDIn ForceAct
Waste Reduction and Recycling Act 2011
sec.72UAmendment of resource recovery area by operator
Start here
Get a plain-English read of sec.72U
Turn the raw legal text into a practical explanation grounded in Waste Reduction and Recycling Act 2011.
### sec.72U Amendment of resource recovery area by operator
The operator of a waste disposal site for which a resource recovery area has been declared may amend the area’s declaration as a resource recovery area by giving the chief executive notice of the proposed amendment at least 20 days before the amendment is to take effect.
The notice must—
be in the approved form; and
state the day the amendment takes effect; and
if the recycling activities to be conducted in the amended resource recovery area differ from the activities currently carried out in the area—include a description of the recycling activities to be conducted in the amended resource recovery area; and
be accompanied by a plan of the waste disposal site indicating the amended resource recovery area and clearly showing—
the physical barrier between the area and the rest of the site; and
the points of access allowing vehicles to move between the area and the rest of the site; and
be signed by the operator and any other entity that will be responsible for the area.
The operator need not act under subsection (1) if the only change to the resource recovery area is a change to—
the recycling activities conducted in the area; or
the physical barrier or points of access for the area that do not change the boundaries of the area; or
the entity having responsibility for the operation of the area.
If an amendment of a resource recovery area under this section results in a part of the area being within the levyable waste disposal site—
that part of the area becomes part of the site; and
all waste within that part of the area is, for the purposes of the waste levy, taken to be waste delivered to the site.
If levyable waste is delivered to a levyable waste disposal site, the waste levy on the waste may be payable under section 36 .
s 72U ins 2019 No. 2 s 6
amd 2023 No. 15 s 13
(sec.72U-ssec.1) The operator of a waste disposal site for which a resource recovery area has been declared may amend the area’s declaration as a resource recovery area by giving the chief executive notice of the proposed amendment at least 20 days before the amendment is to take effect.
(sec.72U-ssec.2) The notice must— be in the approved form; and state the day the amendment takes effect; and if the recycling activities to be conducted in the amended resource recovery area differ from the activities currently carried out in the area—include a description of the recycling activities to be conducted in the amended resource recovery area; and be accompanied by a plan of the waste disposal site indicating the amended resource recovery area and clearly showing— the physical barrier between the area and the rest of the site; and the points of access allowing vehicles to move between the area and the rest of the site; and be signed by the operator and any other entity that will be responsible for the area.
(sec.72U-ssec.3) The operator need not act under subsection (1) if the only change to the resource recovery area is a change to— the recycling activities conducted in the area; or the physical barrier or points of access for the area that do not change the boundaries of the area; or the entity having responsibility for the operation of the area.
(sec.72U-ssec.4) If an amendment of a resource recovery area under this section results in a part of the area being within the levyable waste disposal site— that part of the area becomes part of the site; and all waste within that part of the area is, for the purposes of the waste levy, taken to be waste delivered to the site. If levyable waste is delivered to a levyable waste disposal site, the waste levy on the waste may be payable under section 36 .
- (a) be in the approved form; and
- (b) state the day the amendment takes effect; and
- (c) if the recycling activities to be conducted in the amended resource recovery area differ from the activities currently carried out in the area—include a description of the recycling activities to be conducted in the amended resource recovery area; and
- (d) be accompanied by a plan of the waste disposal site indicating the amended resource recovery area and clearly showing— (i) the physical barrier between the area and the rest of the site; and (ii) the points of access allowing vehicles to move between the area and the rest of the site; and
- (i) the physical barrier between the area and the rest of the site; and
- (ii) the points of access allowing vehicles to move between the area and the rest of the site; and
- (e) be signed by the operator and any other entity that will be responsible for the area.
- (i) the physical barrier between the area and the rest of the site; and
- (ii) the points of access allowing vehicles to move between the area and the rest of the site; and
- (a) the recycling activities conducted in the area; or
- (b) the physical barrier or points of access for the area that do not change the boundaries of the area; or
- (c) the entity having responsibility for the operation of the area.
- (a) that part of the area becomes part of the site; and
- (b) all waste within that part of the area is, for the purposes of the waste levy, taken to be waste delivered to the site. Note— If levyable waste is delivered to a levyable waste disposal site, the waste levy on the waste may be payable under section 36 .