(1) Subject to this
Act and the EP Act, a local government may provide, or enter into a contract
for the provision on its behalf of, waste services.
(2) A local government
does not require a waste collection permit or an EP authorisation to collect
or transport local government waste but is otherwise subject to the provisions
of the EP Act.
(3) The CEO may, for
the purpose of protecting human health or the environment, by written notice
require a local government, or 2 or more local governments together, to
provide, in relation to local government waste, a waste service of a kind
specified in the notice.
(4) The CEO must seek
and have regard to the advice of the Waste Authority before issuing a notice
under subsection (3).
(5) The notice must be
given to each local government required to provide the waste service.
(6) The notice may
apply to the whole of a local government district or districts or to a
specified portion of a local government district or districts.
(7) Subject to
subsection (8) and the EP Act, the local government must comply with the
notice.
(8) The local
government is not required to provide a waste service for which the local
government is required to hold an EP authorisation until the authorisation has
been granted, but must use reasonable endeavour to obtain the authorisation as
soon as practicable after the notice is issued.
(9) A local government
aggrieved by a requirement in a notice given by the CEO under subsection (3)
may apply to the State Administrative Tribunal for a review of the
requirement.