Australian Capital Territory Numbered Acts

WASTE MANAGEMENT AND RESOURCE RECOVERY ACT 2016 (NO. 51 OF 2016) - SECT 126

    (1)     The Minister may determine—

        (a)     fees for this Act; and

        (b)     the annual percentage rate at which interest payable under section 58 (Recovery of extra costs) is to be calculated; and

        (c)     the annual percentage rate at which interest accruing under section 59  (1) (a) (Money held by Territory as financial assurance) is to be calculated.

Note     The Legislation Act

contains provisions about the making of determinations and regulations relating to fees (see pt 6.3).

    (2)     In particular, fees may be determined—

        (a)     so that the fee increases as the quantity of waste increases; and

        (b)     so that different fees apply depending on the waste facility to which waste is being transferred; and

        (c)     according to the type of waste to which the waste activity relates.

Example—different fee depending on facility

A lower fee might be set for taking waste to a re-processing facility; a higher fee might apply if the waste were being taken to landfill.

Note     An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act

, s 126 and s 132).

    (3)     A determination is a disallowable instrument.

Note     A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act

.

    (4)     In this section:

"fee" includes—

        (a)     a fee that is a tax; and

        (b)     a charge or other amount (whether or not it is a tax).