Western Australian Current Acts

WASTE AVOIDANCE AND RESOURCE RECOVERY ACT 2007 - SECT 47M

47M .         Collected or returned containers must not be disposed of in a prohibited manner

        (1)         In this section, an empty container is a collected container if —

            (a)         a container approval is in force that applies to the beverage product for which the container was used; and

            (b)         the container has been collected or received by an MRF operator (other than where the container was returned to a refund point).

        (2)         In this section, an empty container is a returned container if —

            (a)         a container approval is in force that applies to the beverage product for which the container was used; and

            (b)         the container has been returned to a refund point.

        (3)         On and after the appointed day ³ for this section, the Coordinator must not dispose of, or allow the disposal of, a collected container or a returned container in a prohibited manner.

        Penalty for this subsection: a fine of $250 000.

        (4)         On and after the appointed day ³ for this section, an MRF operator must not dispose of, or allow the disposal of, a collected container or a returned container in a prohibited manner.

        Penalty for this subsection: a fine of $50 000.

        (5)         On and after the appointed day ³ for this section, a person (other than the Coordinator or an MRF operator) must not dispose of, or allow the disposal of, a container in a prohibited manner if —

            (a)         the container is a collected container or a returned container; and

            (b)         the person knows, or ought reasonably to know, that the container is a collected container or a returned container.

        Penalty for this subsection: a fine of $50 000.

        (6)         If an exemption has been granted in respect of a container under section 47N, subsections (3), (4) and (5) do not apply to the container.

        (7)         For the purposes of subsections (3), (4) and (5), a person has allowed the disposal of a container in a prohibited manner if —

            (a)         the person arranged for the container to be disposed of; and

            (b)         when the person made the arrangement, or at any later time prior to the disposal, the person knew, or ought reasonably to have known, that the container was likely to be disposed of in a prohibited manner; and

            (c)         the container was disposed of in a prohibited manner.

        (8)         A person has not disposed of, or allowed the disposal of, a container in a prohibited manner if —

            (a)         the person took the container, or arranged for the container to be taken, to a facility at which containers of that type can be recycled; and

            (b)         part of the container could not be recycled at the facility; and

            (c)         only that part of the container was disposed of in a prohibited manner.

        (9)         Nothing in this section or section 47N affects the liability of a person for disposing of a container in a manner that contravenes the Environmental Protection Act 1986 or any other written law.

        [Section 47M inserted: No. 5 of 2019 s. 6.]