Western Australian Current Acts

WASTE AVOIDANCE AND RESOURCE RECOVERY ACT 2007 - SECT 71

71 .         Services to be provided in accordance with waste plan or permit

        (1)         A waste service in respect of local government waste provided by a local government must be carried out —

            (a)         in accordance with section 43(2); and

            (b)         to the satisfaction of the CEO and, in the case of services carried out by a contractor on behalf of a local government, the local government.

        (2)         If —

            (a)         a waste service is not carried out in accordance with subsection (1); or

            (b)         local government waste is not collected in accordance with a condition of a waste collection permit to collect that waste,

                and, by reason of that failure, waste has accumulated on premises, the occupier of the premises may lodge an oral or written complaint with —

            (c)         the local government in the case of services provided, or that had been undertaken to be provided, by the local government or its contractor; or

            (d)         the CEO in the case of services provided, or that had been undertaken to be provided, by the holder of a waste collection permit.

        (3)         If a complaint is lodged —

            (a)         under subsection (2)(c), the local government must give written notice of the complaint to the contractor (if any) by whom the services were, or should have been, provided; or

            (b)         under subsection (2)(d), the CEO must give written notice of the complaint to the holder of the waste collection permit by whom the services were, or should have been, provided.

        (4)         If —

            (a)         a complaint is lodged under subsection (2)(c) with a local government in respect of waste services it provided, or had undertaken to provide, itself; and

            (b)         the requisite service has not been provided and the cause of complaint removed within 48 hours of the lodging of the complaint; and

            (c)         the Chief Health Officer, by notice in writing given to the CEO, declares that the failure to provide the requisite service and remove the cause of complaint has the potential to pose a risk to human health,

                the local government commits an offence.

        Penalty: a fine of $10 000.

        (5)         If —

            (a)         notice is served under subsection (3) on a contractor or holder of a waste collection permit; and

            (b)         the requisite service has not been provided and the cause of complaint removed within 48 hours of service of the notice under subsection (3); and

            (c)         the Chief Health Officer, by notice in writing given to the contractor or holder of the waste collection permit, declares that the failure to provide the requisite service and remove the cause of complaint has the potential to pose a risk to human health,

                the contractor or holder of the waste collection permit, as the case requires, commits an offence.

        Penalty: a fine of $10 000.

        [Section 71 amended: No. 19 of 2016 s. 203.]