Western Australian Current Acts

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WASTE AVOIDANCE AND RESOURCE RECOVERY ACT 2007 - SECT 64

64 .         Subject matter of local laws

        (1)         In this section —

        owner , in relation to premises comprised of or on land, has the meaning given in the Local Government Act 1995 section 1.4.

        (2)         Local laws may be made for all or any of the following purposes —

            (a)         the provision and administration of waste services and related matters;

            (b)         the establishment, provision, use and control of receptacles for the deposit and collection of waste, whether temporary or otherwise;

            (c)         if a local government itself undertakes or contracts for removal of waste from premises, imposing on the owner or occupier of the premises requirements in connection with the removal so as to facilitate the removal, and prescribing the manner in which the requirement is to be complied with;

            (d)         if a local government or the holder of a waste collection permit does not itself undertake or contract for removal of waste from premises, imposing on the owner or occupier of the premises a requirement to remove waste from the premises, and prescribing the manner in which the requirement is to be complied with;

            (e)         if a local government itself undertakes or contracts for the removal of waste, requiring the waste to be placed in waste receptacles provided by the local government;

            (f)         prescribing intervals at which the contents of the receptacles will be removed by a local government;

            (g)         requiring the temporary placing of waste receptacles in streets or lanes by owners or occupiers of property for collection of waste, and requiring the replacement of the receptacles on the property;

            (h)         providing for the maintenance by owners and occupiers of waste receptacles provided by a local government;

                  (i)         providing for the issue of approvals to collect local government waste and remove it from premises;

            (j)         fixing fees and charges in relation to waste services provided by a local government and the issue of approvals under paragraph (i), and prescribing the persons liable and the method of recovery of amounts not duly paid.

        (3)         A local law may provide that contravention of a provision of the local law is an offence, and may provide for the offence to be punishable on conviction by a penalty not exceeding a fine of $5 000.

        (4)         If the offence is of a continuing nature, the local law may make the person liable to a further penalty not exceeding a fine of $500 in respect of each day or part of a day during which the offence has continued.

        (5)         The local law may provide for the imposition of a minimum penalty for the offence.

        (6)         The level of the penalty may be related to —

            (a)         the circumstances or extent of the offence; or

            (b)         whether the offender has committed previous offences and, if so, the number of previous offences that the offender has committed.

        (7)         A local law may specify the method and the means by which any fines imposed are to be paid and collected, or recovered.



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