Australian Capital Territory Numbered Acts

WASTE MANAGEMENT AND RESOURCE RECOVERY ACT 2016 (NO. 51 OF 2016) - SECT 96

    (1)     This section applies if the waste manager believes on reasonable grounds that a person has committed an offence against part 15 (Offences) (the alleged offence ).

    (2)     The waste manager may give the person written notice stating—

        (a)     that the waste manager believes the person has committed the alleged offence; and

        (b)     the grounds for the waste manager's belief; and

        (c)     the facts of the alleged offence; and

        (d)     the following:

              (i)     that the person may enter an enforceable undertaking with the waste manager for the alleged offence under this part;

              (ii)     information about the effect of—

    (A)     entering an enforceable undertaking, including the consequences of contravening the undertaking; and

    (B)     not entering an enforceable undertaking;

              (iii)     how the person may enter and withdraw from an enforceable undertaking;

              (iv)     the assurances about the person's future conduct that the waste manager would be prepared to accept for an enforceable undertaking.

    (3)     If the person wishes to enter into an enforceable undertaking with the waste manager, the person must give the waste manager a written proposal (a proposed undertaking ) about the person's future conduct as a result of the alleged offence.

    (4)     The proposed undertaking must—

        (a)     acknowledge that the waste manager believes that the person has committed an alleged offence; and

        (b)     contain a statement by the person—

              (i)     that the person understands that the proposed undertaking becomes an enforceable undertaking when accepted by the waste manager; and

              (ii)     setting out assurances about the person's future conduct for the enforceable undertaking; and

              (iii)     agreeing to be bound by the enforceable undertaking; and

Examples—assurances about person's future conduct

1     to stop certain conduct

2     to take particular action to compensate people adversely affected by an alleged offence committed against a stated provision of this Act

3     to take particular action to rectify a state of affairs that arose as a direct or indirect result of the alleged offence

4     to take particular action (including implementing particular systems) to prevent future offences against this Act

5     to implement publicity or education programs

6     to install a GPS device in a vehicle operated by a waste transporter

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).

        (c)     include any other information prescribed by regulation.

Note     If a form is approved under s 127 for this provision, the form must be used.