Western Australian Current Acts

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WASTE AVOIDANCE AND RESOURCE RECOVERY ACT 2007 - SECT 41

41 .         CEO’s powers in relation to waste plan

        (1)         If the CEO is of the opinion that a waste plan should, but does not, include a matter referred to in section 40(3), the CEO may, by written notice, require the local government to modify the waste plan to include that matter.

        (2)         Before giving a notice to a local government under subsection (1) the CEO —

            (a)         must consult with the local government and have regard to its views; and

            (b)         if the local government so requests, must consult with the Waste Authority and have regard to its views.

        (3)         A local government must comply with the notice as soon as is practicable.

        (4)         If the local government does not comply with the notice issued under section 40(4) or under subsection (1), the CEO may serve notice in writing on the local government —

            (a)         specifying the relevant notice and the manner in which the local government has failed to comply with it; and

            (b)         advising the local government that the CEO intends to deal with the matter under section 42.

        (5)         A local government aggrieved by a notice given to the local government under subsection (4) may apply to the State Administrative Tribunal for a review of the notice.



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