Waste Reduction and Recycling Act 2011 – 8 November 2016
Waste Reduction and Recycling Act 2011 – 8 November 2016
Waste Reduction and Recycling Regulation 2011 – 1 September 2016
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The State’s waste management strategy may provide for anything affecting, or that may affect or be affected by, the management of waste. The waste management strategy is intended as a long-term strategy for: (a) achieving waste avoidance, sustainable consumption, industry investment in innovation and new infrastructure, strategic regional infrastructure planning, and product stewardship; and (b) securing continuous improvement in waste management and resource recovery practices, services and technologies, benchmarked against best available technology; and (c) reducing the climate change impacts of waste management and disposal.
- Sections 14, 15, 18
If the operator of a waste disposal site is required to hold an environmental authority for the disposal of more than 10,000t of waste in a year at the site, the operator must ensure that a weighbridge is installed at the site on or before a day prescribed under a regulation. The operator of the site must, unless the operator has a reasonable excuse, ensure that the weighbridge is used to measure and record: (a) amounts of waste delivered at the site; and (b) amounts of stockpiled waste moved to landfill at the site; and (c) amounts of stockpiled waste moved to a place outside the site at any time after its delivery to the site; and (d) amounts of waste the subject of any other movement to, from or within the site if the movement of the waste is prescribed under a regulation. For what constitutes a ‘waste disposal site’, refer to section 8A of the Act.
- Sections 8A, 43, 44, 52; Regulation 8, 9, 10, 11, Schedule 5
The person who is identified in a proposed voluntary product stewardship scheme as the scheme manager for the scheme may apply to the government for accreditation of the scheme. A ‘product stewardship scheme’ is a scheme: (a) in which persons who are involved in the life cycle of a product share responsibility for the management and impact of the product throughout its life cycle, including end-of-use management; and (b) that seeks to redress the adverse impacts of a product. A product stewardship scheme is in force for a product if: (a) it is a voluntary product stewardship scheme applying to the product, and the scheme has been accredited. For the definition of ‘product’, refer to the Schedule of the Act.
- Sections 7, 83, 84, 87, 88, 89, 90, 91, 93, 94, 96, 98, Schedule
The operator of a waste facility who is required to hold an environmental authority in relation to the disposal of waste at the facility must not dispose of disposal ban waste at the facility. For the definition of ‘waste facility’, refer to the Schedule of the Act.
- Sections 7, 100, 101, Schedule; Regulation 41ZR, Schedule 7C
A person must not litter at a place. A person who deposits at a place an amount of waste of less than 200L in volume does not litter at the place if: (a) the person is an occupier of the place; or (b) the person deposits the relevant waste with the consent of an occupier of the place; or (c) the person deposits the relevant waste by placing it in a bin or other container provided by an occupier of the place, or by another person with the agreement of an occupier, for the purpose of depositing the relevant waste. For the definition of ‘deposit’, refer to the Schedule of the Act.
- Sections 7, 103, Schedule
A person must not illegally dump waste at a place. A person who deposits at a place an amount of waste of 200L or more in volume does not illegally dump the relevant waste if: (a) the person is an occupier of the place; or (b) the person deposits the relevant waste with the consent of an occupier of the place; or (c) the person deposits the waste by placing it in a bin or other container provided by an occupier of the place, or by another person with the agreement of an occupier, for the purpose of depositing the relevant waste.
- Section 104
A person must not deliver to premises any unsolicited advertising material for the premises if: (a) on an exterior receptacle or other place for receiving mail for the premises, or on a boundary fence or gate adjoining the footpath or other public access point for the premises, there is a legible sign or marking; and (b) the sign or marking states ‘No Advertising Material’, ‘No Junk Mail’, ‘Australia Post Mail Only’ or words to similar effect or otherwise contains any words in English indicating, expressly or by implication, that unsolicited advertising material for the premises is not to be delivered to the premises; and (c) the sign or marking is clearly visible to a person delivering the advertising material to the premises. This section does not apply to the giving of unsolicited advertising material for premises personally to a person at the premises. For the definition of ‘advertising material’, refer to section 105 of the Act. For what constitutes ‘unsolicited advertising material’, refer to section 106 of the Act.
- Sections 105, 106, 107, 108, 111
A person must not place any document in or on a motor vehicle without the express consent of a person who is a registered operator, owner or driver of the vehicle. A person does not contravene this rule if the person places a document in or on a motor vehicle, or attaches a document to a building or other fixed structure: (a) in the lawful performance of a function under an Act; or (b) if the action is reasonable in the circumstances.
- Sections 109, 110
If a person authorises, or arranges for, the distribution of advertising material to premises in an area, the responsible entity must take reasonable steps to ensure that the advertising material does not, having regard to the way in which it is delivered to premises, become waste.
- Section 112
If a person observes an incident that the reporter considers to be the commission of a vehicle littering or illegal dumping offence, the reporter may give the government a signed notice (‘a vehicle littering or illegal dumping report’) containing information about the incident.
- Section 118
A local government has an obligation at all times to ensure that: (a) all aspects of waste management in its local government area are comprehensively addressed by 1 or more waste reduction and recycling plans; and (b) each waste reduction and recycling plan has been prepared by the local government or with its approval, and has been adopted by the local government; and (c) each waste reduction and recycling plan is being implemented in accordance with its terms.
- Sections 123, 124, 125, 130; Regulation 38
The chief executive officer of a State entity has an obligation at all times to ensure that: (a) all aspects of waste management for the entity are comprehensively addressed by a waste reduction and recycling plan for the entity; and (b) the waste reduction and recycling plan has been adopted by the chief executive officer; and (c) the waste reduction and recycling plan is being implemented in accordance with its terms.
- Sections 133, 134, 135; Regulation 38
The government must, by 31 December in each year, prepare and make publicly available a report that summarises the amounts of waste and recycling reported in the most recently completed financial year.
- Section 154
The government may make a code (an end of waste code) for registered resource producers that states when a particular waste stops being a waste and becomes a resource. Further, the government may grant an approval (an end of waste approval) to a person that states when a particular waste stops being a waste and becomes a resource. A person becomes a registered resource producer for an end of waste code by giving the government a notice that the person intends to become a registered resource producer for the code pursuant to section 173B of the Act. A person may apply to the government for an end of waste approval for 1 kind of waste to be used as a resource pursuant to section 173I of the Act.
- Sections 155, 157, 158, 159, 166, 169, 173B, 173F, 173I, 173K, 173L, 173M, 173N, 173O, 173P
A person who operates premises at which clinical or related waste is generated must ensure the waste is segregated into: (a) the following categories of clinical waste – (i) animal waste; (ii) discarded sharps; (iii) human tissue waste; (iv) laboratory and associated waste directly resulting from the processing of specimens; and (b) the following categories of related waste – (i) chemical waste; (ii) waste constituted by, or contaminated with, cytotoxic drugs; (iii) human body parts; (iv) pharmaceutical waste; (v) radioactive waste; and (c) general waste.
- Regulation 41X
A person who operates premises at which clinical or related waste is generated must ensure all bags and other containers used at the establishment for the collection, storage, transport or disposal of clinical and related waste mentioned in Schedule 7A comply with the requirements for the waste in the schedule.
- Regulations 41Y, 41Z, 41ZB, 41ZC, 41ZD, Schedules 7A, 7B
If a person who discards: (a) at a residential premises, a hypodermic needle that has been in contact with human or animal tissue or body fluids; or (b) at a place other than a residential premises, a hypodermic needle or other sharp; THEN the person must: (a) place the needle or other sharp in a rigid-walled, puncture-resistant container; and (b) seal or securely close the container.
- Regulation 41ZA
Reason for law
To promote waste avoidance and reduction, and resource recovery and efficiency actions; to reduce the consumption of natural resources and minimise the disposal of waste by encouraging waste avoidance and the recovery, re-use and recycling of waste; to minimise the overall impact of waste generation and disposal; to ensure a shared responsibility between government, business and industry and the community in waste management and resource recovery; and to support and implement national frameworks, objectives and priorities for waste management and resource recovery. (Section 3)
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