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WASTE AVOIDANCE AND RESOURCE RECOVERY ACT 2007
TABLE OF PROVISIONS
Long Title
PART 1 -- Preliminary
1. Short title
2. Commencement
3. Terms used
4. State bound
5. Objects of this Act
6. Effect on other laws
7. Chief Health Officer to be consulted on public health issues
PART 2 -- Waste Authority
8. Waste Authority established
9. Status
10. Authority may use other names
11. Membership
12. Chairman and deputy chairman
13. CEO may attend meeting
14. Constitution and proceedings
15. Remuneration and conditions of members
16. Provision of services and facilities
17. Use of staff and facilities of other departments, agencies and instrumentalities
18. Committees
PART 3 -- Functions of Waste Authority
Division 1 -- General
19. Functions of Waste Authority
20. Powers generally
Division 2 -- Accountability
21. Minister may give directions
22. Minister to have access to information
23. Annual report of the Waste Authority
PART 4 -- Management documents
Division 1 -- Waste strategy
24. Purpose of waste strategy
25. Waste Authority to prepare draft waste strategy
26. Consultation
27. Public notification of draft waste strategy
28. Public submissions
29. Modified draft to be referred to entities who made submissions
30. Consideration by Minister
31. Approval of Minister
32. Minor amendments to waste strategy
33. Review and revision of waste strategy
34. Power to request report on waste strategy compliance
Division 2 -- Business plans
35. Draft business plan to be submitted to Minister
36. Contents of business plan
37. Minister’s powers in relation to draft business plan
38. Business plan pending approval
39. Approval and implementation of business plan
Division 3 -- Waste plans
40. Waste plans
41. CEO’s powers in relation to waste plan
42. CEO may prepare or modify waste plan
43. Effect of waste plan
44. Report on waste plan
PART 5 -- Product stewardship
45. Product stewardship plans
46. Extended producer responsibility schemes
47. Statements with regard to extended producer responsibility schemes
PART 5A -- Container deposit scheme
Division 1 -- Preliminary
47A. Objects of PART
47B. Overview of container deposit scheme
47C. Terms used
47D. First responsible supplier
Division 2 -- Supply of beverage products
47E. Requirement for supply agreement, container approval, refund mark and barcode
47F. Container approval
47G. Regulations relating to container approvals
47H. Review by State Administrative Tribunal
Division 3 -- Return of containers
47I. Requirements for refund point operators
47J. Refund amount
47K. Regulations relating to refund points and refund amounts
47L. Coordinator as refund point operator
47M. Collected or returned containers must not be disposed of in a prohibited manner
47N. Extraordinary circumstances exemption
Division 4 -- Scheme agreements and scheme participants
47O. Supply agreement
47P. Export rebate agreement
47Q. Refund point agreement
47R. Material recovery agreement
47S. Regulations relating to scheme agreements and scheme participants
47T. Content of scheme agreements not limited
Division 5 -- Coordinator of the scheme
Subdivision 1 -- Preliminary
47U. Terms used
47V. Eligible company
Subdivision 2 -- Appointment of Coordinator of the scheme
47W. Office of Coordinator of the scheme
47X. Appointment of Coordinator
47Y. Conditions of appointment
47Z. Functions of Coordinator
47ZA. Powers of Coordinator
47ZB. Delegation by Coordinator
Subdivision 3 -- Operations of Coordinator
47ZC. Coordinator must not act unfairly
47ZD. Coordinator performance targets
47ZE. Business plan of Coordinator
47ZF. Approval of business plan
47ZG. Amendment to business plan
47ZH. Compliance with business plan
47ZI. Reporting by Coordinator
47ZJ. Notification of events
47ZK. CEO to have access to information, agreements and databases
Subdivision 4 -- Scheme Account
47ZL. Terms used
47ZM. Governance plan for Scheme Account
47ZN. Scheme Account
47ZO. Regulations relating to Scheme Account and governance plans
Subdivision 5 -- Appointment of administrator or Interim Coordinator and other Ministerial powers
47ZP. Ministerial directions
47ZQ. Amendment, administration and revocation
47ZR. Appointment of administrator
47ZS. Only the administrator can deal with the Coordinator’s property
47ZT. Interim Coordinator
47ZU. Remuneration and costs
47ZV. Providing assistance
47ZW. Review by State Administrative Tribunal
Subdivision 6 -- Transitional arrangements
47ZX. Transitional arrangements between Coordinators
Division 6 -- Miscellaneous
47ZY. Penalties for Coordinator, Interim Coordinator and directors of Coordinator
47ZZ. Civil penalty provisions
47ZZA. Inconsistent provision has no effect
47ZZB. Beverages consumed on interstate or international journeys
47ZZC. Power to require information or material
47ZZD. Disclosure of information
47ZZE. Performance audit
47ZZF. False or misleading information
47ZZG. Authorisations for competition legislation
47ZZH. Corporations Act displacement
47ZZI. Powers in relation to transitional matters
47ZZJ. Imposition of tax
PART 6 -- Waste services
Division 1 -- Services provided by local governments
48. References to provision of waste service
49. Specified public authority may exercise functions of local government
50. Provision of waste services
51. Costs of providing combined waste service
52. Codes of practice
53. CEO may monitor and evaluate waste services
54. Expenses of evaluation
55. Disposal of waste by local government
Division 2 -- Waste collection permits
56. Waste collection permit
57. Consistency with modern practice
58. CEO to consult on issue, renewal or amendment of permit
59. Term and renewal of waste collection permit
60. Disposal of waste by holder of permit
Division 3 -- Local laws and local government rates, fees and charges
61. Local laws in respect of waste management
62. Model local laws
63. Governor may amend or repeal local laws
64. Subject matter of local laws
65. Enforcement of local laws
66. Local government may impose waste collection rate
67. Local government may impose receptacle charge
68. Fees and charges fixed by local government
Division 4 -- Offences
69. Waste collection not to be carried out by unauthorised persons
70. Obstruction or hindrance
71. Services to be provided in accordance with waste plan or permit
Division 5 -- General
72. Accumulation of waste -- prevention notice
PART 7 -- Collection and application of levy
Division 1 -- Collection of levy imposed under Waste Avoidance and Resource Recovery Levy Act 2007
73. Payment of levy
74. Financial assurance
75. Payment by instalments
76. Penalty for non-payment
77. Recovery of levy
78. Evading levy
Division 2 -- Waste Avoidance and Resource Recovery Account
79. Waste Avoidance and Resource Recovery Account
80. Application of moneys in WARR Account
81. Application of Financial Management Act 2006 and Auditor General Act 2006
PART 8 -- Enforcement
Division 1 -- Investigation and obtaining information
82. Power to require information or material
83. Inspectors
84. Authorised persons and analysts
85. Audit may be directed by CEO
Division 2 -- General
86. Who can institute proceedings for offences
87. Time for bringing prosecutions
88. Daily penalties
89. Attempt, incitement or accessory after the fact
90. Additional powers available to the court
PART 9 -- General provisions
91. Confidentiality
92. Delegation
93. Other provisions of EP Act apply
94. Protection from liability for wrongdoing
95. Laying documents before Parliament
96. Regulations
97. Regulations to operate as local laws
98. Regulations, local laws and waste strategy may adopt codes or legislation and other references
99. Review of Act
100. Consequential amendments
101. Transitional and savings provisions
102. Waste Avoidance and Resource Recovery Levy Regulations 2008 and amendments validated
SCHEDULE 1 -- Constitution and proceedings of the Waste Authority
SCHEDULE 2 -- Functions of the Waste Authority
SCHEDULE 3 -- Matters in respect of which regulations may be made
SCHEDULE 4 -- Amendments and repeals
SCHEDULE 5 -- Savings and transitional provisions
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