Australian Capital Territory Numbered Acts
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WASTE MANAGEMENT AND RESOURCE RECOVERY ACT 2016 (NO. 51 OF 2016)
TABLE OF PROVISIONS
Long Title
PART 1--PRELIMINARY
1. Name of Act
2. Commencement
3. Dictionary
4. Notes
5. Offences against Act—application of Criminal Code etc
6. Relationship with Emergencies Act 2004
7. Relationship with other laws
PART 2--OBJECTS AND PRINCIPLES
8. Objects of Act
9. Principles to be taken into account
PART 3--IMPORTANT CONCEPTS
10. Meaning of waste
11. Meaning of waste activity
12. Meaning of waste management business
13. Meaning of waste transporter
14. Meaning of waste facility
15. Meaning of waste facility licence
PART 4--WASTE MANAGER
16. Appointment
17. Functions
PART 5--WASTE FACILITY LICENCES
18. Requirement to hold a waste facility licence
19. Application for licence
20. Waste manager may request more information
21. Change of information must be provided
22. Decision about application for licence
23. Licence conditions
24. Form of licence
25. Register of waste facility licences
26. Licensee must update details
27. Licence not transferable
28. Surrender of licence
29. Term of licence
PART 6--WASTE TRANSPORTER REGISTRATION
30. Requirement to be registered as waste transporter
31. Application to be registered
32. Waste manager may request more information
33. Change of information must be provided
34. Decision about application for registration
35. Waste transporter must display registration number
36. Entry in register not transferable
37. Register of waste transporters
38. Waste transporter must update details
39. Approval of GPS tracking device
40. GPS to be fitted to vehicles
41. Termination of registration by registered waste transporter
42. Term of registration
PART 7--REGULATORY ACTION
43. Definitions—pt 7
44. Waste manager may consider regulatory action against person
45. Notification of proposed regulatory action
46. Taking regulatory action
47. Not taking regulatory action
48. Immediate suspension of licence or registration if risk to public
49. Effect of suspension
50. Offence—fail to return amended, suspended or cancelled licence
51. Action by waste manager in relation to amended or suspended
PART 8--FINANCIAL ASSURANCES
52. Waste manager may require financial assurance
53. Show cause why financial assurance should not be provided
54. Non-provision of financial assurance
55. Claim on or realisation of financial assurance
56. Notice before claim on or realisation of financial assurance
57. Financial assurance not affect other action
58. Recovery of extra costs
59. Money held by Territory as financial assurance
PART 9--CODES OF PRACTICE
60. Code of practice—approval
61. Failure to comply with approved code of practice
62. Direction to comply with approved code
PART 10--WASTE STORAGE AND COLLECTION
63. Definitions—pt 10
64. Waste collection service
PART 11--REPORTING
65. Waste activity report
66. Offence—fail to report to waste manager
PART 12--EXEMPTIONS
67. Declaration exempting person or activity
68. Renewal of declaration
69. Term of declaration
PART 13--ENFORCEMENT
Division 13.1--Directions
70. Direction to stop contravening Act etc
71. Directions—stockpiling materials and delivering waste
72. Offence—fail to comply with direction
Division 13.2--Authorised people
Subdivision 13.2.1--General
73. Definitions—div 13.2
74. Appointment
75. Identity cards
76. Authorised person must show identity card on exercising power
Subdivision 13.2.2--Powers
77. Power to enter premises
78. Production of identity card
79. Consent to entry
80. General powers on entry to premises
81. Power to seize things
82. Direction to give name and address
83. Offence—fail to comply with direction to give name and address
Subdivision 13.2.3--Search warrants
84. Warrants generally
85. Warrants—application other than in person
86. Search warrants—announcement before entry
87. Details of search warrant to be given to occupier etc
88. Occupier entitled to be present during search etc
Subdivision 13.2.4--Return and forfeiture of things seized
89. Receipt for things seized
90. Moving things to another place for examination or processing under search
91. Access to things seized
92. Return of things seized
Subdivision 13.2.5--Miscellaneous
93. Damage etc to be minimised
94. Compensation for exercise of enforcement powers
PART 14--ENFORCEABLE UNDERTAKINGS
95. Definitions—pt 14
96. Making of proposed undertakings
97. Acceptance of proposed undertaking
98. Register of enforceable undertakings
99. Withdrawal from or amendment of enforceable undertaking
100. Ending enforceable undertaking
101. Undertaking not admission of fault etc
102. Contravention of enforceable undertakings
103. Effect of enforceable undertaking on other proceedings
PART 15--OFFENCES
Division 15.1--Liability of managers etc
104. Criminal liability of partners—pt 15
105. Criminal liability of executive officers—pt 15
Division 15.2--Specific offences
106. Meaning of waste site—div 15.2
107. Unauthorised waste activity
108. Fail to comply with condition of licence or registration
109. Unlawful transporting or depositing of waste
110. Use of place as waste facility without lawful authority
111. Consent required for certain waste activities
112. False or misleading information about waste
113. Taking prescribed waste to landfill or other facility
PART 16--RECONSIDERATION OF DECISIONS
114. Definitions—pt 16
115. Applications for reconsideration
116. Notice to ACAT of application
117. Reconsideration
118. No action by waste manager within time
119. Notice of decisions on reconsideration
PART 17--NOTIFICATION AND REVIEW OF DECISIONS
120. Definitions—pt 17
121. Reviewable decision notices
122. Applications for review
PART 18--MISCELLANEOUS
123. Delegation
124. Protection from liability
125. Service of documents
126. Determination of fees and rates of interest
127. Approved forms
128. Regulation-making power
PART 19--REPEALS AND CONSEQUENTIAL AMENDMENT
129. Legislation repealed
130. Clinical Waste Act 1990
PART 30--TRANSITIONAL
150. Transitional regulation
151. Expiry—pt 30
SCHEDULE 1
DICTIONARY
ENDNOTES
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