Western Australian Current Acts

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WASTE AVOIDANCE AND RESOURCE RECOVERY ACT 2007 - SCHEDULE 3

[s. 96]

Division 1 — General

1.         Providing for the form and content of any notice.

2.         Providing for the keeping, inspection and production of reports, records, returns, registers and other information.

2A.         Without limiting item 1 or 2, providing for notices, directions or other documents to be given, sent or served under this Act by electronic communication (as defined in the Electronic Transactions Act 2011 section 5(1)) and providing for the proof of that giving, sending or service.

3.         Providing for the imposition of fees and charges.

4.         Providing for the recovery of expenses incurred by the CEO or a local government.

5.         Prescribing offences under the regulations and penalties for the commission of those offences not exceeding $10 000, with or without a daily penalty of not more than $1 000.

6.         Providing for review by the State Administrative Tribunal of decisions made under the regulations.

        [Division 1 amended: No. 34 of 2020 s. 76.]

Division 2 — Waste collection and facilities

7.         Regulating the operation of waste facilities, and the treatment, storage, processing, recycling or disposal of waste at waste facilities.

8.         Regulating the use of receptacles for waste.

9.         Regulating waste services.

10.         Regulating the transportation of waste.

11.         Regulating the creation, collection, storage, handling, processing, recycling and disposal of waste.

12.         Providing for waste collection permits.

13.         Regulating the issue by local governments of approvals to collect local government waste.

14.         Providing for the provision of information relating to the operation of waste facilities and the transportation of waste.

15.         Prohibiting the disposal to landfill or other waste facilities of specified waste or classes of waste (including any products that are or have been included in an extended producer responsibility scheme).

Division 3 — Product stewardship

16.         Making provision in relation to assisting in the negotiation of, and assessing the implementation and operation of, product stewardship plans.

17.         Regulating the implementation, operation and enforcement of extended producer responsibility schemes.

18.         Without limiting the Interpretation Act 1984 section 43(8)(d), exempting persons or products, or classes of person or product, from all or any of the provisions of the regulations applying to extended producer responsibility schemes, and specifying circumstances in which and conditions subject to which an exemption applies.

19.         Without limiting item 17, requiring a person who manufactures, distributes or sells a product to do all or any of the following —

            (a)         provide consumer information on the use and disposal of the product and its by-products;

            (b)         operate collection facilities for the product and its by-products;

            (c)         collect or accept the product and its by-products for disposal from a consumer of the product;

            (d)         dispose of the product in accordance with the regulations.

20.         Without limiting item 17, prescribing products for which a fee, deposit or bond for the collection, recycling or disposal of the product must be paid and —

            (a)         regulating the collection of the fee, deposit or bond; and

            (b)         regulating the circumstances in which the fee, deposit or bond and a refund of the fee, deposit or bond will apply; and

            (c)         providing for the amount of the fee, deposit or bond or refund; and

            (d)         providing for the time at which the fee, deposit, bond or refund must be paid.

21.         Concerning the control and management of fees, deposits or bonds paid under the regulations including —

            (a)         requiring the person who collects the fee, deposit or bond to forward the fee, deposit or bond to a person specified in the regulations; and

            (b)         making provision as to who is empowered to hold the fee, deposit or bond and where the fee, deposit or bond must be held; and

            (c)         providing for the application of the fee, deposit or bond and interest from the fee, deposit or bond.

22.         Providing for the establishment of, and regulating the operation of, collection facilities for products and their by-products.

23.         Requiring a producer of a product to formulate and implement a management plan with respect to the product, specifying the matters to be dealt with in the management plan, providing for approval of the management plan and requiring compliance with the management plan.

24.         Providing for proof of payment of fees, deposits or bonds under the regulations and its evidential status.



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