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Waste Reduction and Recycling Act 2011
sec.8AAMeaning of waste
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### sec.8AA Meaning of waste
Waste includes any thing that—
is left over, or is an unwanted by-product, from an industrial, commercial, domestic or other activity; or
Abandoned or discarded material from an activity is left over, or is an unwanted by-product, from the activity.
is surplus to the industrial, commercial, domestic or other activity generating the waste.
However, waste does not include—
a resource; or
See chapter 8 .
a thing prescribed by regulation not to be waste.
Waste can be a gas, liquid, solid or energy, or a combination of any of them.
A thing can be waste whether or not it is of value.
Despite subsection (2) , a thing that is a resource, or is prescribed by regulation not to be waste, becomes waste if the thing—
is disposed of at a waste disposal site; or
is deposited at a place in a way that—
would, if the thing were waste, contravene the general littering provision or the illegal dumping of waste provision; or
if the thing is a resource—is not permitted under an end of waste code or end of waste approval.
The Minister may recommend to the Governor in Council the making of a regulation under subsection (2) (b) (a proposed change ) only after—
carrying out consultation with the public about the proposed change; and
considering the following matters—
the results of the public consultation about the proposed change;
whether making the proposed change is likely to achieve the objects of this Act;
whether making the proposed change is likely to achieve the object of the Environmental Protection Act;
whether there are other measures that would be more effective in achieving the intended outcome of the proposed change.
In this section—
end of waste approval see section 159 (2) .
end of waste code see section 159 (1) .
resource see section 155 (2) .
s 8AA ins 2023 No. 15 s 9
(sec.8AA-ssec.1) Waste includes any thing that— is left over, or is an unwanted by-product, from an industrial, commercial, domestic or other activity; or Abandoned or discarded material from an activity is left over, or is an unwanted by-product, from the activity. is surplus to the industrial, commercial, domestic or other activity generating the waste.
(sec.8AA-ssec.2) However, waste does not include— a resource; or See chapter 8 . a thing prescribed by regulation not to be waste.
(sec.8AA-ssec.3) Waste can be a gas, liquid, solid or energy, or a combination of any of them.
(sec.8AA-ssec.4) A thing can be waste whether or not it is of value.
(sec.8AA-ssec.5) Despite subsection (2) , a thing that is a resource, or is prescribed by regulation not to be waste, becomes waste if the thing— is disposed of at a waste disposal site; or is deposited at a place in a way that— would, if the thing were waste, contravene the general littering provision or the illegal dumping of waste provision; or if the thing is a resource—is not permitted under an end of waste code or end of waste approval.
(sec.8AA-ssec.6) The Minister may recommend to the Governor in Council the making of a regulation under subsection (2) (b) (a proposed change ) only after— carrying out consultation with the public about the proposed change; and considering the following matters— the results of the public consultation about the proposed change; whether making the proposed change is likely to achieve the objects of this Act; whether making the proposed change is likely to achieve the object of the Environmental Protection Act; whether there are other measures that would be more effective in achieving the intended outcome of the proposed change.
(sec.8AA-ssec.7) In this section— end of waste approval see section 159 (2) . end of waste code see section 159 (1) . resource see section 155 (2) .
- (a) is left over, or is an unwanted by-product, from an industrial, commercial, domestic or other activity; or Example— Abandoned or discarded material from an activity is left over, or is an unwanted by-product, from the activity.
- (b) is surplus to the industrial, commercial, domestic or other activity generating the waste.
- (a) a resource; or Note— See chapter 8 .
- (b) a thing prescribed by regulation not to be waste.
- (a) is disposed of at a waste disposal site; or
- (b) is deposited at a place in a way that— (i) would, if the thing were waste, contravene the general littering provision or the illegal dumping of waste provision; or (ii) if the thing is a resource—is not permitted under an end of waste code or end of waste approval.
- (i) would, if the thing were waste, contravene the general littering provision or the illegal dumping of waste provision; or
- (ii) if the thing is a resource—is not permitted under an end of waste code or end of waste approval.
- (i) would, if the thing were waste, contravene the general littering provision or the illegal dumping of waste provision; or
- (ii) if the thing is a resource—is not permitted under an end of waste code or end of waste approval.
- (a) carrying out consultation with the public about the proposed change; and
- (b) considering the following matters— (i) the results of the public consultation about the proposed change; (ii) whether making the proposed change is likely to achieve the objects of this Act; (iii) whether making the proposed change is likely to achieve the object of the Environmental Protection Act; (iv) whether there are other measures that would be more effective in achieving the intended outcome of the proposed change.
- (i) the results of the public consultation about the proposed change;
- (ii) whether making the proposed change is likely to achieve the objects of this Act;
- (iii) whether making the proposed change is likely to achieve the object of the Environmental Protection Act;
- (iv) whether there are other measures that would be more effective in achieving the intended outcome of the proposed change.
- (i) the results of the public consultation about the proposed change;
- (ii) whether making the proposed change is likely to achieve the objects of this Act;
- (iii) whether making the proposed change is likely to achieve the object of the Environmental Protection Act;
- (iv) whether there are other measures that would be more effective in achieving the intended outcome of the proposed change.