Western Australian Current Acts

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           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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