Waste Reduction and Recycling Act 2011

An Act to encourage the proper use of resources by improving ways of reducing and dealing with waste and to repeal the Environmental Protection (Waste Management) Policy 2000

1Short title

This Act may be cited as the Waste Reduction and Recycling Act 2011.

2Commencement

(1)The following provisions commence on 1 December 2011—

•chapter 3, parts 3, 4 and 7

•sections 63 and 65

•chapters 5, 6, 7 and 8

•chapter 15, part 1

•sections 300 and 301

•chapter 16, parts 1, 2 and 3.

(2)Chapter 16, parts 4 to 7 commence on a day to be fixed by proclamation.

3Objects of Act

The objects of this Act are the following—

(a)to promote waste avoidance and reduction, and resource recovery and efficiency actions;

(b)to reduce the consumption of natural resources and minimise the disposal of waste by encouraging waste avoidance and the recovery, re-use and recycling of waste;

(c)to minimise the overall impact of waste generation and disposal;

(d)to ensure a shared responsibility between government, business and industry and the community in waste management and resource recovery;

(e)to support and implement national frameworks, objectives and priorities for waste management and resource recovery.

4Achieving Act’s objects

(1)If, under this Act, a function or power is conferred on a person, the person must perform the function or exercise the power in a way that best achieves the objects of this Act.

(2)Without limiting subsection (1), the achievement of the objects of this Act must if practicable be guided by—

(a)the waste and resource management hierarchy; and

(b)the following policy principles (the waste and resource management principles)—

(i)the polluter pays principle;

(ii)the user pays principle;

(iii)the proximity principle;

(iv)the product stewardship principle.

5Approach to achieving Act’s objects

The objects of this Act are intended primarily to be achieved through approaches that include the following—

(a)preparation, implementation and maintenance of a waste management strategy for the State;

(b)providing for the preparation of State, local government and industry strategic waste management plans;

(c)providing for reporting requirements for the State, local governments and business and industry;

(d)banning particular waste disposal;

(e)identifying priority products or priority waste and associated management tools;

(f)preparation, implementation and maintenance of a priority statement;

(g)providing for product stewardship schemes;

(h)waste tracking requirements;

(i)making end of waste codes and granting end of waste approvals;

(j)prohibiting particular conduct in relation to waste;

(k)appointing authorised persons to investigate matters arising under this Act and otherwise to enforce this Act;

(l)supporting approaches mentioned in paragraphs (a) to (k) through the making of regulations under this Act.

s 5 amd 2013 No. 6s 19; 2014 No. 59 ss 146, 165

6Act binds all persons

(1)This Act binds all persons, including the State and, to the extent the legislative power of the Parliament permits, the Commonwealth and the other States.

(2)However, the Commonwealth or a State can not be prosecuted for an offence against this Act.

7Definitions

The dictionary in the schedule defines particular words used in this Act.

8The concept of disposal

(1)This Act commonly uses the expression disposal in relation to waste.

(2)In practical terms, a primary outcome arising from the implementation of this Act’s provisions is intended to be a reduction in the amount of waste that permanently, or at least indefinitely, effectively becomes incorporated into land, commonly referred to as becoming landfill.

(3)Accordingly, in this Act, a reference to disposal in relation to waste may ordinarily be taken to mean the depositing of the waste, other than on a temporary or short term basis, into or onto land.

(4)Subsection (3) does not limit what disposal may be taken to mean in an appropriate context.

8AMeaning of waste disposal site

A waste disposal site is a waste facility to which both of the following apply—

(a)the operator of the facility is required to hold an environmental authority for the disposal of waste at the facility;

(b)waste delivered to the facility commonly includes waste that is subsequently disposed of to landfill at the facility.

s 8A (prev s 27) sub 2013 No. 6s 21(1)

renum and reloc 2013 No. 6s 21(2)

amd 2012 No. 16s 78 sch amdt 1 (amd 2013 No. 6s 50 sch amdt 28) (amdt could not be given effect)

9Meaning of waste and resource management hierarchy

The waste and resource management hierarchy is the following precepts, listed in the preferred order in which waste and resource management options should be considered—

(a)AVOID unnecessary resource consumption;

(b)REDUCE waste generation and disposal;

(c)RE-USE waste resources without further manufacturing;

(d)RECYCLE waste resources to make the same or different products;

(e)RECOVER waste resources, including the recovery of energy;

(f)TREAT waste before disposal, including reducing the hazardous nature of waste;

(g)DISPOSE of waste only if there is no viable alternative.

10Meaning of polluter pays principle

(1)

The polluter pays principle is the principle that all costs associated with the management of waste should be borne by the persons who generated the waste.

(2)The costs associated with the management of waste may include the costs of—

(a)minimising the amount of waste generated; and

(b)containing, treating and disposing of waste; and

(c)rectifying environmental harm caused by waste.

11Meaning of user pays principle

(1)

The user pays principle is the principle that all costs associated with the use of a resource should be included in the prices of the goods and services (including government services) that result from the use.

(2)In deciding what are the costs associated with the use of a resource, an amount received from a government as a subsidy, incentive payment, grant or similar payment, that would otherwise reduce the costs, must be disregarded.

12Meaning of proximity principle

The proximity principle is the principle that waste and recovered resources should be managed as close to the source of generation as possible.

13Meaning of product stewardship principle

(1)

The product stewardship principle is the principle that there is a shared responsibility between all persons who are involved in the life cycle of a product for managing the environmental, social and economic impact of the product.

(2)The product stewardship principle recognises that different roles and responsibilities may apply at each stage in the life cycle of a product.

(3)However, the product stewardship principle does not apply to an entity—

(a)in relation to a matter to which the packaging NEPM applies; or

(b)if the entity is a signatory to the Australian Packaging Covenant—in relation to a matter to which the covenant applies; or

(c)if the entity is a signatory to a national product stewardship arrangement, or a State-based product stewardship scheme approved or accredited under this Act, and is meeting its obligations under the arrangement or scheme—in relation to a matter to which the arrangement or scheme applies.

(4)An arrangement mentioned in subsection (3)(c) may be voluntary or mandatory in nature or may include both voluntary and mandatory aspects.

ch hdg sub 2013 No. 6s 50 sch

pt hdg prev pt 1 hdg om 2013 No. 6s 50 sch

pres pt 1 hdg ins 2013 No. 6s 50 sch

pt 1 div 1 hdg om 2013 No. 6s 50 sch

pt 1 div 2 hdg om 2013 No. 6 s 50 sch

pt 1 div 3 hdg om 2013 No. 6 s 50 sch

pt 1 div 4 hdg om 2013 No. 6 s 50 sch

14Waste management strategy

(1)This part provides for the making of a waste management strategy for the State to help in achieving the objects of this Act.

(2)The waste management strategy is intended as a long-term strategy for—

(a)achieving waste avoidance, sustainable consumption, industry investment in innovation and new infrastructure, strategic regional infrastructure planning, and product stewardship; and

(b)securing continuous improvement in waste management and resource recovery practices, services and technologies, benchmarked against best available technology; and

(c)reducing the climate change impacts of waste management and disposal.

15What may be included in State’s waste management strategy

(1)The State’s waste management strategy may provide for anything affecting, or that may affect or be affected by, the management of waste.

(2)Without limiting subsection (1), the strategy may include the following—

(a)waste avoidance;

(b)resource efficiency;

(c)resource recovery;

(d)product design;

(e)consumption;

(f)product stewardship;

(g)priority products or priority waste;

(h)standards, criteria and specifications for recycled materials and products containing recycled material;

(i)strategic waste management planning;

(j)data reporting.

s 15 amd 2014 No. 59s 147

pt hdg prev pt 2 hdg om 2013 No. 6s 20

pres pt 2 hdg ins 2013 No. 6s 50 sch

16Preparation of draft strategy

(1)The chief executive must prepare a draft of the State’s waste management strategy.

(2)The chief executive must give public notice when a draft of the waste management strategy has been prepared.

(3)The notice must—

(a)be published on the department’s website and in any other way the chief executive considers appropriate; and

(b)state where copies of the draft strategy may be inspected; and

(c)invite written submissions from the public on the draft strategy; and

(d)state a day by which the written submissions may be given to the chief executive.

(4)The period for receiving submissions must be at least 28 days.

pt hdg ins 2013 No. 6s 50 sch

17Submissions to be considered when preparing final strategy

(1)The chief executive must prepare, and give to the Minister, a final version of the State’s waste management strategy.

(2)In preparing the final version of the strategy, the chief executive must consider all submissions on the draft strategy given to the chief executive under section 16.

18Approval of final strategy

(1)The final version of the waste management strategy must be approved by the Minister by gazette notice.

(2)The waste management strategy comes into effect as the State’s waste management strategy on the day the Minister’s approval is gazetted or on a later day stated in the gazette notice or in the strategy for that purpose.

(3)The gazette notice in which the Minister approves the waste management strategy must include details about where a copy of the strategy may be inspected and obtained.

(4)The chief executive must publish the waste management strategy in full on the department’s website as soon as practicable after its approval.

19Minor amendment of waste management strategy

(1)A minor amendment of the waste management strategy may be made without complying with the requirements of part 2.

(2)In this section—

minor amendment, of the waste management strategy, means an amendment of the strategy—

(a)to correct a minor error in the strategy; or

(b)to make another change that is not a change of substance; or

(c)on 1 occasion only, to extend the period for which the strategy is in force for a period of not more than 1 year.

s 19 amd 2013 No. 6s 50 sch

pt hdg ins 2013 No. 6s 50 sch

20Review of State’s waste management strategy

(1)The chief executive must conduct reviews of the State’s waste management strategy—

(a)for the first review—before the end of 2 years after the commencement of this section; and

(b)for subsequent reviews—before the end of 3 years after each final review report is published.

(2)However, reviews may be conducted more frequently as the Minister directs.

21Preparation of draft review report on waste management strategy

(1)As part of the process of reviewing the State’s waste management strategy, the chief executive must—

(a)prepare a review report in draft form; and

(b)give public notice when the draft has been prepared.

(2)The notice must—

(a)be published on the department’s website and in any other way the chief executive considers appropriate; and

(b)state where copies of the draft review report may be inspected; and

(c)invite written submissions from the public on the draft review report; and

(d)state a day by which the written submissions may be given to the chief executive.

(3)The period for receiving submissions must be at least 28 days.

(4)Without limiting what may be dealt with in a review report, a review report must have regard to goals and targets, however named, included in the waste management strategy.

22Publication of review report and amending or replacement waste management strategy

(1)The chief executive must, within a reasonable time after the period for receiving written submissions on the draft review report has ended, prepare, and publish in full on the department’s website, a final report of the review (the final review report).

(2)In preparing the final review report, the chief executive must consider all submissions on the draft review report given to the chief executive under section 21.

(3)The final review report must outline the findings of the review and may recommend an amendment or replacement of the waste management strategy to implement findings of the review.

(4)The chief executive may prepare and give to the Minister, for approval by gazette notice, a final amending or replacement waste management strategy to implement a recommendation mentioned in subsection (3) without having first prepared and consulted on a draft amending or replacement waste management strategy.

ch hdg sub 2013 No. 6s 50 sch

pt hdg prev pt 1 hdg om 2013 No. 6s 22

pres pt 1 hdg ins 2013 No. 6s 25

43Weighbridge requirement provision

(1)This section applies to a waste disposal site prescribed under a regulation.

(2)If the operator of a waste disposal site is required to hold an environmental authority for the disposal of more than 10,000t of waste in a year at the site, the operator must ensure that a weighbridge is installed at the site on or before a day prescribed under a regulation.

(3)The weighbridge must be kept in proper working order.

(4)If any event results in the weighbridge being out of operation, the weighbridge must be brought into operation in the shortest practicable time.

(5)Despite subsection (2), the operator of a waste disposal site is not required to ensure that a weighbridge is installed at the site if it is planned to close the site within 1 year after the operator would otherwise be required, under the subsection, to ensure a weighbridge is installed at the site.

s 43 sub 2013 No. 6s 25

amd 2012 No. 16s 78 sch (amd 2013 No. 6s 50 sch amdt 29)

44Measurement of waste by weighbridge

(1)This section applies if a weighbridge is installed at a waste disposal site prescribed under a regulation, whether or not the weighbridge is required under the weighbridge requirement provision.

(2)The operator of the site must, unless the operator has a reasonable excuse, ensure that the weighbridge is used to measure and record—

(a)amounts of waste delivered at the site; and

(b)amounts of stockpiled waste moved to landfill at the site; and

(c)amounts of stockpiled waste moved to a place outside the site at any time after its delivery to the site; and

(d)amounts of waste the subject of any other movement to, from or within the site if the movement of the waste is prescribed under a regulation.

Maximum penalty—300 penalty units.

(3)However, subsection (2) does not apply if waste is delivered to or moved from the site in a vehicle with a GCM or a GVM of less than 4.5t.

s 44 amd 2013 No. 6s 26

pt hdg prev pt 2 hdg om 2013 No. 6s 23

pres pt 2 hdg ins 2013 No. 6s 28

52Submission of waste data returns

(1)This section applies to a waste disposal site prescribed under a regulation.

(2)The operator of the waste disposal site must, on or before the day prescribed under a regulation, give the chief executive a return in the approved form (a waste data return) for the period prescribed under a regulation (a reporting period).

Maximum penalty—300 penalty units.

(3)Without limiting subsection (2), information that an approved form of waste data return may require includes information about—

(a)the types and amount of waste—

(i)delivered to the site; or

(ii)disposed of to landfill at the site; or

(iii)moved from the site to a place outside the site; and

(b)if a weighbridge is installed at the site—the operation of the weighbridge during the reporting period for the site.

(4)A regulation may prescribe different reporting periods for waste disposal sites of different types or sizes.

s 52 sub 2013 No. 6s 28

ch hdg amd 2014 No. 59s 148

74Purpose of chapter

The purpose of this chapter is—

(a)to encourage, and in particular circumstances to require, persons who are involved in the life cycle of a product to share responsibility for—

(i)ensuring that, for the product, there is effective waste avoidance, reduction, re-use, recycling, recovery or treatment; and

(ii)managing the impacts of the product throughout its life cycle, including end-of-use management; and

(b)otherwise—to improve the management of waste that is not a product.

s 74 sub 2014 No. 59s 149

74ADefinitions for ch 4

In this chapter—

producer, of a product, includes any of the following—

(a)the manufacturer of the product;

(b)a person who imports the product into Queensland;

(c)a person who supplies the product in Queensland;

(d)a person who has a legal or equitable interest in the name under which the product is supplied in Queensland.

s 74A ins 2014 No. 59s 150

pt hdg amd 2014 No. 59s 151

75Preparation and notification of draft priority statement

(1)The chief executive may—

(a)prepare a draft priority statement for—

(i)1 or more products; or

(ii)1 or more categories of waste; and

(b)advertise the existence and availability of the statement by notice published on the department’s website and in any other way the chief executive considers appropriate.

(2)The notice must state—

(a)how copies of the draft priority statement may be obtained or accessed; and

(b)the period, of at least 28 days after publication of the notice, within which a person may make a written submission to the chief executive about any matter relevant to the statement.

s 75 amd 2014 No. 59s 152

76Requirements for draft priority statement

(1)The draft priority statement must state—

(a)the products or category of waste intended to be included in the final statement as priority products or priority waste; and

(b)how each proposed product or the proposed category of waste satisfies the criteria under section 77; and

(c)the management options under consideration for each proposed product, a strategic waste planning option, an end of waste code or an end of waste approval.

(2)In deciding whether to include a product or category of waste in the draft priority statement, the chief executive must consider—

(a)whether the product or category of waste satisfies the criteria under section 77; and

(b)whether action is proposed or is currently in progress for the product or category of waste through a national approach; and

(c)whether there are significant benefits from taking action to reduce impacts from disposal of the product or category of waste.

(3)In deciding the management options to be stated under subsection (1)(c), the chief executive must have regard to the waste and resource management hierarchy and the waste and resource management principles.

(4)In preparing a draft priority statement, the chief executive may consult with any expert reference group or other entity the chief executive considers appropriate.

s 76 amd 2014 No. 59 ss 153, 166

77Criteria for a priority product or priority waste

A product or category of waste satisfies the criteria for a priority product or priority waste if at least 2 of the following apply to the product or category of waste—

(a)the product or category of waste contains hazardous or toxic substances;

(b)there is potential to reduce the consumption of resources through improved management of the product or category of waste;

(c)there is potential to reduce the environmental impacts of the disposal of the product or category of waste through improved management of the product or category of waste;

Examples of environmental impacts—

greenhouse gas emissions from landfill, occurrence of leachates

(d)there is potential to reduce the social impacts of the disposal of the product or category of waste through improved management of the product or waste;

Examples of social impacts—

danger to waste management workers, community concern, amenity

(e)treating or disposing of the product or category of waste involves a significant cost to the community;

(f)improved management of the product or category of waste is likely to create business opportunities that would contribute to the economy.

s 77 sub 2014 No. 59s 154

78Inclusion of invitation for voluntary product stewardship scheme

(1)The chief executive may include in the final priority statement, for a particular product included in the final statement, an invitation (a scheme invitation) for persons to submit a proposed voluntary product stewardship scheme for accreditation.

(2)However, in including a scheme invitation, the chief executive must have regard to the following—

(a)whether the product can be effectively managed under a voluntary product stewardship scheme;

(b)whether an approved program is in existence for the product and whether the program is being appropriately implemented.

(3)A scheme invitation must state—

(a)the period, of at least 18 months, within which any proposed voluntary product stewardship scheme would have to be submitted for accreditation; and

(b)the expected outcomes from any proposed voluntary product stewardship scheme; and

(c)that if no voluntary product stewardship scheme is accredited for the product, a regulation may be made to establish a regulated product stewardship scheme for the product.

(4)A scheme invitation may state—

(a)any limitations to the scope of a proposed voluntary product stewardship scheme, including for example geographic or business type or size limitations; and

(b)other matters relevant to a voluntary product stewardship scheme for the particular product.

(5)The chief executive is not stopped from subsequently granting a single extension of the period mentioned in subsection (3)(a) for not more than 1 year at the request of the proposed scheme manager for a proposed voluntary product stewardship scheme.

s 78 amd 2014 No. 59s 155

79Finalisation of priority statement

(1)The chief executive must prepare, and give to the Minister, a final version of the priority statement.

(2)When preparing the final priority statement, the chief executive must consider all submissions made to the chief executive on the draft priority statement under section 75.

s 79 amd 2014 No. 59s 156

80Approval of final priority statement

(1)The final priority statement does not have effect as a priority statement under this Act until it has been approved by the Minister by gazette notice.

(2)The priority statement comes into effect on the day the Minister’s approval is gazetted or on a later day stated in the gazette notice or in the priority statement for that purpose.

(3)The gazette notice in which the Minister approves the priority statement must include details about where a copy of the priority statement may be inspected and obtained.

(4)The chief executive must publish the priority statement on the department’s website as soon as practicable after its approval.

s 80 amd 2014 No. 59s 157

81Minor amendment of priority statement

(1)A minor amendment of the priority statement may be made without the requirements of this part having been complied with, other than the requirement for approval by the Minister by gazette notice.

(2)In this section—

minor amendment, of the priority statement, means an amendment or replacement of the statement—

(a)to correct a minor error in the statement; or

(b)to make another change that is not a change of substance.

s 81 amd 2014 No. 59s 158

82Review of priority statement

(1)At least once every 3 years, the chief executive must review the priority statement and amend or replace the statement having regard to the outcome of the review.

(2)If the process of review includes public consultation that in substance is equivalent to that required for the first draft priority statement under this chapter, the chief executive may prepare and give to the Minister, for approval by gazette notice, a final amending or replacement priority statement without having first prepared and consulted on a draft amending or replacement statement.

s 82 amd 2014 No. 59s 159

83What is a product stewardship scheme

A product stewardship scheme is a scheme—

(a)in which persons who are involved in the life cycle of a product share responsibility for the management and impact of the product throughout its life cycle, including end-of-use management; and

(b)that seeks to redress the adverse impacts of a product.

84What is a voluntary product stewardship scheme

A voluntary product stewardship scheme is a product stewardship scheme under which the participants in the scheme, as identified in the scheme, voluntarily share responsibility for the management and impact of the product.

85What is a regulated product stewardship scheme

A regulated product stewardship scheme is a product stewardship scheme that is prescribed under a regulation under this part for a priority product.

86What is an approved program

An approved program, for a product, is a program, scheme or agreement applying to the product in a way that is substantially similar to the way a product stewardship scheme would apply to the product, but only if—

(a)the State is a signatory to the program, scheme or agreement; or

(b)the State has entered into a memorandum of understanding or similar arrangement supporting the application of the program, scheme or agreement; or

(c)the State has been a party to the development and finalisation of the program, scheme or agreement; or

(d)the program, scheme or agreement has been accredited or approved as part of a national product stewardship framework to which the State is a party.

87When is a product stewardship scheme in force for a product

(1)A product stewardship scheme is in force for a product if—

(a)it is a voluntary product stewardship scheme applying to the product, and the scheme has been accredited by the chief executive under this part; or

(b)it is a regulated product stewardship scheme applying to the product.

(2)A product stewardship scheme mentioned in subsection (1)(a) is an accredited product stewardship scheme.

88Accredited product stewardship scheme does not override laws

An accredited product stewardship scheme has no effect to the extent it is inconsistent with any law of the State or the Commonwealth.

Example—

A provision of a voluntary product stewardship scheme for a product would have no effect to the extent it purported to require a participant in the scheme to deal with the product in a way prohibited under the Environmental Protection Act.

89Application for accreditation

(1)The person who is identified in a proposed voluntary product stewardship scheme as the scheme manager for the scheme may apply to the chief executive for accreditation of the scheme.

(2)An application under subsection (1) must—

(a)be in the approved form; and

(b)include the information prescribed under a regulation; and

(c)be accompanied by the fee prescribed under a regulation; and

(d)if it is a proposed voluntary product stewardship scheme for a priority product—explain how the proposed scheme meets the requirements of this chapter for a product stewardship scheme for a priority product; and

(e)state whether a regulation is required to facilitate the implementation or operation of the scheme; and

(f)include evidence of the agreement of persons identified as participants in the scheme.

90Requirements for accreditation

(1)To qualify for accreditation under this part, the proposed voluntary product stewardship scheme must—

(a)identify the scheme manager for the scheme; and

(b)describe the scope of the scheme and identify, whether or not by reference to brand, the product to which the scheme applies; and

(c)include the following information—

(i)how long the scheme is to be in force;

(ii)targets for avoiding, re-using or recycling of waste for the product;

(iii)time frames for achieving each target;

(iv)the information that is to be collected, assessed and audited to gauge performance of the scheme;

(v)how the public is to be advised of information about the scheme; and

(d)list the classes of persons involved in the design, manufacture, sale, use, servicing, collection, recovery, recycling, treatment or disposal of the product; and

(e)list the participants in the scheme and assign to them their respective responsibilities for meeting the scheme’s objectives; and

(f)state the arrangements for—

(i)making decisions under the scheme; and

(ii)the control and overall operation of the scheme; and

(iii)keeping records and making reports under the scheme; and

(g)state the date the scheme ends; and

(h)identify the processes for compliance with, and enforcement of, any agreements between the participants in the scheme; and

(i)provide for assessing the scheme’s performance and for reporting on its performance to the Minister; and

(j)state a strategy for publication of the scheme; and

(k)state how information will be provided to purchasers, users and handlers of the product; and

(l)clearly outline how the scheme will be funded; and

(m)if the product under the proposed scheme is a priority product and the priority statement includes recommendations for improving management of the product—show how those recommendations are taken account of.

(2)The proposed scheme may include any other matter a producer of the product considers relevant.

s 90 amd 2014 No. 59s 160

91Accreditation

In deciding whether to accredit a proposed voluntary product stewardship scheme for a product the chief executive must have regard to—

(a)whether the application for accreditation meets the requirements of this part for an application; and

(b)whether the proposed scheme meets the requirements of this part for accreditation; and

(c)whether the proposed scheme’s targets are likely to be met within the time frames stated in the scheme; and

(d)whether the proposed scheme is likely to promote waste reduction or reduce environmental impact from disposing of the product without, in either case, causing greater impact over the life cycle of the product; and

(e)whether the proposed scheme is consistent with the State’s obligations under national arrangements; and

(f)if the product is a priority product that was the subject of a scheme invitation—whether the proposed scheme is likely to achieve the expected outcomes of any proposed voluntary product stewardship scheme stated in the invitation; and

(g)if the product is a priority product, whether or not it was the subject of a scheme invitation—whether the proposed scheme takes account of recommendations included in the priority statement for the priority product.

s 91 amd 2014 No. 59s 161

92Inquiry about application

Before deciding the application, the chief executive may by notice ask for further information from—

(a)the scheme manager; or

(b)through the scheme manager—any person who, in the opinion of the chief executive, is likely to be significantly affected by the scheme.

93Deciding application

(1)As soon as practicable after deciding to accredit a proposed voluntary product stewardship scheme, the chief executive must give the scheme manager for the scheme notice of the decision to accredit.

(2)If the chief executive refuses to grant the application, the chief executive must as soon as practicable give the applicant an information notice for the decision to refuse.

94Register of accredited schemes

(1)When the chief executive accredits a voluntary product stewardship scheme, the chief executive must register the scheme on a register of accredited product stewardship schemes kept in the department.

(2)The chief executive must ensure the register mentioned in subsection (1) is kept as an accurate record of information about the accreditation and history of currently and previously accredited product stewardship schemes.

(3)The register must be kept by the chief executive as a searchable, public register.

95Amendment of accredited product stewardship scheme

(1)The participants in an accredited product stewardship scheme may amend the scheme by agreement of all the participants.

(2)The scheme manager for the scheme must advise the chief executive of the amendment within 10 business days after the amendment is made if the amendment is one of the following—

(a)adding to the participants in the scheme or removing any of the participants;

(b)changing the scheme manager for the scheme;

(c)adding to the brands of the product that are the subject of the scheme.

(3)The chief executive must record, on the register of accredited product stewardship schemes, details of the amendment the chief executive considers appropriate.

(4)An amendment under subsection (1) must not include an amendment that will have an adverse effect on achieving the scheme’s objectives, including, for example, by affecting the ability of the scheme to meet its objectives within the time frames included in the scheme.

(5)Subsection (4) does not stop the accreditation of a new voluntary product stewardship scheme to replace an existing accredited scheme.

96Expiry of accredited product stewardship scheme

(1)The accreditation of an accredited product stewardship scheme expires on the earlier of the following—

(a)the date stated in the scheme as the date the scheme ends;

(b)5 years after the accreditation of the scheme.

(2)However, the accreditation of an accredited product stewardship scheme (scheme A) continues in force, as provided for in subsection (3), after the date (the expiry date) it would otherwise end if—

(a)the scheme manager for scheme A has, not later than 6 months before scheme A’s accreditation was due to end, applied to the chief executive for the accreditation of a new voluntary product stewardship scheme (scheme B) to replace scheme A; and

(b)the chief executive has not decided, on or before the expiry date, whether scheme B should be accredited.

(3)Scheme A’s accreditation continues in force until—

(a)the accreditation of scheme B takes effect, either in its form as first proposed or as subsequently changed in the application process; or

(b)the application process for scheme B’s accreditation has been completed, including, for example, the completion of any review about the chief executive’s decision on the proposed accreditation, and scheme B is not accredited.

97Revocation of accreditation

(1)The Minister may revoke the accreditation of an accredited product stewardship scheme if the Minister is satisfied that—

(a)any of the following apply—

(i)reasonable steps are not being taken to implement the scheme;

(ii)the scheme’s objectives are not being met, or are unlikely to be met, within the time frames stated in the scheme;

(iii)the reporting requirements included in the scheme are not being complied with; or

(b)the product the subject of the scheme was not a priority product when the scheme was accredited, but it has subsequently become a priority product and the objectives of the scheme are no longer adequate for the product.

(2)Before revoking the accreditation of the product stewardship scheme, the Minister must—

(a)give notice to the scheme manager for the scheme advising of the proposed action; and

(b)give the scheme manager a reasonable opportunity to make a submission to the Minister about the proposed revocation.

(3)If the Minister decides to revoke the accreditation, and the revocation is under subsection (1)(a), the Minister must give the scheme manager for the scheme an information notice for the decision to revoke the accreditation.

98Regulation about product stewardship

(1)A regulation—

(a)may provide for the implementation and operation of a regulated product stewardship scheme for a priority product; or

(b)may include provisions to facilitate the accreditation of a proposed voluntary product stewardship scheme, or the implementation and operation of an accredited product stewardship scheme or an approved program.

(2)Without limiting subsection (1), the regulation may include any of the following—

(a)the expected waste minimisation, treatment or disposal targets for the product the subject of the scheme or program and the required times for meeting the targets;

(b)reporting and information requirements, including information to be provided to purchasers, users and handlers of the product the subject of the scheme or program;

(c)if the regulation provides for the implementation and operation of a regulated product stewardship scheme—

(i)the scheme manager for the scheme and the obligations of the scheme manager; and

(ii)the duration of the scheme;

(d)if the regulation applies to a voluntary product stewardship scheme intended to be, but not yet, accredited—the period within which the application for accreditation is required to be made;

(e)the period within which any person is required to commence complying with any of the requirements or duties imposed on the person under the regulation.

(3)The Minister must not recommend to the Governor in Council the making of a regulation under subsection (1)(a) for a priority product if—

(a)there is currently an accredited product stewardship scheme for the product and it is expected that the scheme will still be in force after the regulation commences; or

(b)the time limit, as stated in a scheme invitation in the priority statement as currently in force, for the submission for accreditation of a voluntary product stewardship scheme for the product has not yet elapsed.

(4)The Minister may recommend to the Governor in Council the making of a regulation under subsection (1)(a) for a priority product only after considering the following—

(a)whether an approved program is in existence for the product and whether the program is being appropriately implemented;

(b)whether economic analysis supports the implementation of the proposed regulated product stewardship scheme;

(c)whether there are any constitutional or other impediments to the State’s acting unilaterally in implementing a product stewardship scheme for the product.

s 98 amd 2014 No. 59s 162

99Monitoring of particular product stewardship scheme

(1)The chief executive may at any time conduct monitoring of the performance of an accredited or regulated product stewardship scheme.

(2)The monitoring may have regard especially to the stated targets and objectives of the scheme.

(3)If asked to do so by the chief executive, the scheme manager under a regulated product stewardship scheme must reimburse the chief executive for some or all of the expenses reasonably incurred by the department in the conduct of the monitoring.

(4)An amount payable under subsection (3) may be recovered as a debt payable by the scheme manager to the chief executive.

pt hdg ins 2017 No. 31 s 4

99A Objects of part

The objects of this part are to—

(a)reduce plastic pollution by reducing the number of plastic bags that become waste and enter the environment as litter; and

(b)encourage retailers and consumers to—

(i)reduce the overall use of carry bags by considering whether it is necessary on every occasion to use a bag to carry goods; and

(ii)use alternative shopping bags.

s 99A ins 2017 No. 31 s 4

99B Meaning of banned plastic shopping bag and alternative shopping bag

(1)A banned plastic shopping bag is a carry bag with handles—

(a)made, in whole or part, of plastic (whether or not the plastic is degradable) that has a thickness of less than—

(i)the thickness prescribed by regulation; or

(ii)if a thickness has not been prescribed by regulation—35 microns; or

(b)prescribed by regulation to be a banned plastic shopping bag.

(2)However, each of the following is not a banned plastic shopping bag—

(a)a barrier bag;

(b)a plastic bag that is, or is an integral part of, the packaging in which goods are sealed for sale;

(c)a bag that is prescribed by regulation to not be a banned plastic shopping bag.

(3)An alternative shopping bag is a bag, other than a banned plastic shopping bag, that is suitable to be used to carry goods from a retailer’s premises.

(4)In this section—

AS 4736 means the Australian Standard for biodegradable plastics as in force from time to time under that designation (regardless of the edition or year of publication of the standard).

barrier bag means a plastic bag used to carry unpackaged perishable food.

Examples of unpackaged perishable foods—

fruit, vegetables, meat, fish

degradable, for plastic, means plastic that is—

(a)biodegradable, including material that is compostable under AS 4736; or

(b)designed to degrade and break into fragments over time.

s 99B ins 2017 No. 31 s 4

99C Meaning of retailer

A retailer is a person who sells goods in trade or commerce.

s 99C ins 2017 No. 31 s 4

99F Retailer may charge for alternative shopping bag

Nothing in this part prevents a retailer from charging for an alternative shopping bag.

s 99F ins 2017 No. 31 s 4

99G Review of part

(1)The Minister must ensure a review of the operation of this part starts as soon as practicable, but no more than 3 months, after 1 July 2020.

(2)The review must include a review of—

(a)the effect of this part on the community and retailers; and

(b)the level of retailers’ knowledge and understanding about the prohibition on giving banned plastic shopping bags to persons; and

(c)the effectiveness of this part in reducing the quantity of banned plastic shopping bags—

(i)used; and

(ii)that becomes waste and is littered or disposed of to landfill.

(3)The chief executive must give a report on the outcome of the review to the Minister within 6 months after the day the review starts.

(4)The Minister must table the report in the Legislative Assembly within 12 sitting days after receiving the report.

s 99G ins 2017 No. 31 s 4

pt hdg ins 2017 No. 31 s 4

div hdg ins 2017 No. 31 s 4

sdiv hdg ins 2017 No. 31 s 4

99H Objects of part

The main objects of this part are to—

(a)increase the recovery and recycling of empty beverage containers; and

(b)reduce the number of empty beverage containers that are littered or disposed of to landfill; and

(c)ensure the manufacturers of beverage products meet their product stewardship responsibility in relation to their beverage products; and

(d)provide opportunities for social enterprise, and benefits for community organisations, by—

(i)making funds available through the payment of refund amounts for empty beverage containers; and

(ii)creating opportunities for employment in activities related to collecting, sorting and processing containers for recycling; and

(e)complement existing collection and recycling activities for recyclable waste.

Example of existing collection and recycling activities—

Local governments collect recyclable waste through kerbside waste collection services and arrange for the waste to be recycled.

s 99H ins 2017 No. 31 s 4

99I How objects are to be achieved

The objects are achieved by providing for a container refund scheme (the scheme) that—

(a)encourages consumers to collect empty beverage containers for recycling by providing for refund amounts to be paid for the containers; and

(b)encourages waste management service providers to ensure empty beverage containers collected through general waste services are recycled by providing for recovery amounts to be paid for containers sent for recycling; and

(c)recognises the role of the manufacturers of beverage products in generating waste in the form of empty containers by requiring the manufacturers to—

(i)contribute to the cost of refund amounts paid for the containers and the cost of administering the scheme; and

(ii)ensure containers for their beverage products are made of materials that are suitable for recycling; and

(d)is administered by the Product Responsibility Organisation.

s 99I ins 2017 No. 31 s 4

99J Functions of Product Responsibility Organisation

(1)The Product Responsibility Organisation’s main function is to administer and provide governance for the scheme.

(2)Without limiting subsection (1), the Organisation has the following functions—

(a)to ensure ongoing, efficient and effective arrangements are available in Queensland for empty beverage containers to be collected, sorted and recycled;

(b)to establish a network of container refund points to, as far as practicable, provide communities in Queensland with access to a place for the return of empty beverage containers for the payment of refund amounts;

(c)to ensure manufacturers of beverage products fund the scheme by requiring the manufacturers to pay sufficient amounts under container recovery agreements;

(d)to set the amounts payable, or the method for working out the amounts payable, under the scheme—

(i)by manufacturers of beverage products to fund the scheme; and

(ii)to the operators of container refund points to pay the refund amounts for empty beverage containers and to handle, sort and transport the containers for recycling;

(e)to identify manufacturers of beverage products who are not participating in the scheme, including, for example, because a manufacturer—

(i)is selling beverages in containers that are not registered; or

(ii)has not entered into a container recovery agreement with the Organisation;

(f)to promote the scheme and the location of container refund points;

(g)to receive and deal with complaints relating to the scheme from members of the public and entities participating in the scheme;

(h)the functions given to it under this Act or another Act.

s 99J ins 2017 No. 31 s 4

sdiv hdg ins 2017 No. 31 s 4

99K Definitions for part

In this part—

beverage see section 99L.

beverage product see section 99N(1).

container see section 99M.

container approval, for a beverage product, see section 99ZN.

container collection agreement see section 99ZA(1).

container recovery agreement see section 99Q.

container refund point—

(a)means a facility or other place—

(i)at which empty containers may be returned in exchange for the payment of refund amounts; and

(ii)that may be operated on a permanent, temporary or mobile basis; and

(b)includes a reverse vending machine.

extraordinary circumstances exemption see section 99ZY(2).

manufacturer, of a beverage product, see section 99O.

material recovery agreement see section 99ZF(1).

material recovery facility see section 99ZE.

operator, of a container refund point that is a reverse vending machine, means the person who—

(a)if the owner of the reverse vending machine has leased or hired it to another person—leases or hires the reverse vending machine; or

(b)otherwise—owns the reverse vending machine.

recovery amount, for a quantity of containers, see section 99ZG.

recovery amount protocol see section 99ZK.

refund amount means the amount prescribed by regulation as the refund amount.

refund declaration see section 99T(2).

refund marking means the marking or labelling about the refund amount payable for a container under the scheme that complies with the requirements prescribed by regulation.

registered, for a container, means the container is included in the register of approved containers kept under section 99ZM(1).

reverse vending machine means a device for collecting empty containers that—

(a)if the device recognises a container placed in the device as a container for which a refund amount is payable under the scheme by, for example, scanning the container’s barcode—

(i)accepts the container; and

(ii)dispenses the refund amount for the container in a way stated on or near the machine; or

(b)otherwise—refuses to accept the container.

type, of a container, see section 99N(2).

s 99K ins 2017 No. 31 s 4

99L Meaning of beverage

(1)A beverage is a liquid intended for human consumption by drinking.

(2)However, a beverage does not include a liquid prescribed by regulation to not be a beverage for this section.

s 99L ins 2017 No. 31 s 4

99M Meaning of container

(1)A container is—

(a)a container that is made to—

(i)contain a beverage; and

(ii)when filled with a beverage, be sealed for storage, transport and handling before being sold for the beverage to be consumed; or

(b)another container prescribed by regulation as a container for this section.

(2)However, a container does not include a container prescribed by regulation to not be a container for this section.

s 99M ins 2017 No. 31 s 4

99N Meaning of beverage product and type of container

(1)A beverage product is the combination of a particular beverage packaged in a container of a particular type.

(2)The type of a container is the combination of—

(a)the volume of a beverage the container is made to hold; and

(b)the material the container is made of.

s 99N ins 2017 No. 31 s 4

99O Meaning of manufacturer

(1)A person is a manufacturer of a beverage product if the person—

(a)makes the beverage product, including, for example—

(i)by filling containers with a beverage; or

(ii)engaging another person under a contract to make the beverage product or fill containers with a beverage for the person; or

(b)imports the beverage product from a foreign country; or

(c)arranges for the distribution of the beverage product in Queensland.

(2)For subsection (1)(a) and (b), it does not matter whether the beverage product is made in, or imported into, Queensland or another State.

s 99O ins 2017 No. 31 s 4

div hdg ins 2017 No. 31 s 4

99Q Container recovery agreement

(1)A container recovery agreement is a written agreement between the Organisation and a manufacturer of a beverage product about the type of container used for the product.

(2)The purpose of a container recovery agreement is to ensure the manufacturer contributes to the cost of the scheme, including, for example, the cost of the refund amounts paid for empty containers under the scheme.

(3)The Organisation must not enter into a container recovery agreement with the manufacturer for a type of container unless the Organisation is satisfied ongoing, effective and appropriate arrangements for the container type to be collected, sorted and recycled are available.

(4)A container recovery agreement must include provisions about the following matters—

(a)the manufacturer’s obligations in relation to paying amounts to the Organisation, including how each amount is worked out and when it is to be paid, to contribute to the costs of—

(i)refund amounts for empty containers of the manufacturer’s beverage products to be paid under the scheme; and

(ii)the administration of the scheme, including amounts paid to the operators of container refund points under the scheme;

(b)the manufacturer’s obligations in relation to giving information to the Organisation about the beverage products made or imported for sale in Queensland by the manufacturer, including how and when the information is to be given;

(c)a dispute resolution process for settling disputes between the Organisation and the manufacturer;

(d)when the agreement must be reviewed;

(e)a process for either party to the agreement to seek an earlier review of the agreement or an amendment to it;

(f)other matters prescribed by regulation.

(5)A container recovery agreement must also include the standard terms, about a matter mentioned in subsection (4) or another matter, prescribed by regulation.

s 99Q ins 2017 No. 31 s 4

99R Limits on amounts paid by small beverage manufacturers under container recovery agreements

(1)A small beverage manufacturer must not, under a container recovery agreement, be required to pay an amount to contribute to the costs of the scheme that is more than the amount worked out under a regulation.

(2)In this section—

small beverage manufacturer means a manufacturer of a beverage product who is prescribed by regulation to be a small beverage manufacturer.

s 99R ins 2017 No. 31 s 4

div hdg ins 2017 No. 31 s 4

sdiv hdg ins 2017 No. 31 s 4

99Z Container collection agreement required to operate container refund point

A person must not operate a container refund point unless a container collection agreement is in force for the container refund point.

Maximum penalty—500 penalty units.

s 99Z ins 2017 No. 31 s 4

99ZA Container collection agreement

(1)A container collection agreement is a written agreement between the Organisation and the operator of a container refund point that includes provisions about the following matters—

(a)the operator’s obligations under the agreement in relation to—

(i)sorting empty containers and transporting the containers, or arranging for the containers to be transported, to a waste facility for recycling; and

(ii)keeping records, and reporting to the Organisation, about the refund amounts paid and containers collected, sorted and transported for recycling by the operator; and

(iii)ensuring the container refund point is accessible to the public, including by operating the container refund point at particular times;

(b)the amounts payable to the operator under the agreement for—

(i)refund amounts paid, or to be paid, by the operator for containers under subdivision 1; and

(ii)handling, sorting and transporting the containers for recycling;

(c)when and how the operator may claim amounts mentioned in paragraph (b) and when and how the Organisation must pay the amounts;

(d)if the agreement relates to a reverse vending machine—the types of containers to be collected using the machine;

(e)whether the operator may subcontract the operation of the container refund point and the operator’s obligations to the Organisation if the operation is subcontracted;

(f)a dispute resolution process for settling disputes between the Organisation and the operator;

(g)the term of the agreement and when the agreement must be reviewed;

(h)a process for either party to the agreement to seek an earlier review of the agreement or an amendment to it;

(i)other matters prescribed by regulation.

(2)A container collection agreement must also include the standard terms, about a matter mentioned in subsection (1) or another matter, prescribed by regulation.

(3)The Organisation must give a person an information notice if—

(a)the person asks the Organisation, in writing, to enter into a container collection agreement for the purpose of the person operating a container refund point; and

(b)the Organisation decides not to enter into a container collection agreement with the person.

Note—

See chapter 9 for provisions about internal and external reviews for a decision under this subsection.

(4)For subsection (3), the Organisation is taken to have decided not to enter into a container collection agreement with a person if the Organisation does not offer, in writing, to enter into an agreement with the person within 20 business days after the person makes the request mentioned in subsection (3)(a).

s 99ZA ins 2017 No. 31 s 4

99ZC When container refund point operator must not claim payment

(1)The operator of a container refund point must not claim payment of an amount from the Organisation under a container collection agreement if the payment relates to a container and any of the following apply—

(a)the operator has not paid a refund amount for the container;

(b)the container is not registered;

(c)the operator knows, or ought reasonably to know, the container has been disposed of to landfill, whether or not the operator has paid a refund amount for the container.

Maximum penalty—300 penalty units.

(2)Subsection (1)(c) does not apply to a container that is the subject of an extraordinary circumstances exemption.

s 99ZC ins 2017 No. 31 s 4

99ZD Operator must ensure containers sent for recycling

(1)This section applies if—

(a)the operator of a container refund point has paid a refund amount for a container; and

(b)the container is not the subject of an extraordinary circumstances exemption.

(2)The operator must not allow the container to be disposed of to landfill.

Maximum penalty—500 penalty units.

s 99ZD ins 2017 No. 31 s 4

div hdg ins 2017 No. 31 s 4

99ZE Meaning of material recovery facility

(1)A material recovery facility is a facility or other place—

(a)at which recyclable waste is sorted and prepared for recycling, whether or not the waste is also recycled at the facility or place; or

(b)of another type prescribed by regulation as a material recovery facility.

(2)However, a material recovery facility does not include a facility or other place prescribed by regulation to not be a material recovery facility.

s 99ZE ins 2017 No. 31 s 4

99ZF Material recovery agreement

(1)A material recovery agreement is a written agreement between the Organisation and the operator of a material recovery facility about the payment of recovery amounts to the operator for containers the operator sorts and prepares for recycling.

(2)A material recovery agreement must contain provisions about the following matters—

(a)the types of containers the operator sorts and prepares for recycling;

(b)the arrangements the operator has in place for recycling the containers or sending the containers to a waste facility for recycling;

(c)whether recovery amounts for quantities of containers will be worked out based on the actual number of containers or the recovery amount protocol;

(d)when and how recovery amounts may be claimed by the operator and will be paid by the Organisation;

(e)a dispute resolution process for settling disputes between the Organisation and the operator;

(f)when the agreement must be reviewed;

(g)a process for either party to the agreement to seek an earlier review of the agreement or an amendment to it;

(h)other matters prescribed by regulation.

(3)A material recovery agreement must also include the standard terms, about a matter mentioned in subsection (2) or another matter, prescribed by regulation.

(4)The Organisation must give the operator of a material recovery facility an information notice if—

(a)the operator asks the Organisation, in writing, to enter into a material recovery agreement for the purpose of claiming recovery amounts for containers; and

(b)the Organisation decides not to enter into a material recovery agreement with the operator.

Note—

See chapter 9 for provisions about internal and external reviews for a decision under this subsection.

(5)For subsection (4), the Organisation is taken to have decided not to enter into a material recovery agreement with the operator of a material recovery facility if the Organisation does not offer, in writing, to enter into an agreement with the operator within 20 business days after the operator makes the request mentioned in subsection (4)(a).

s 99ZF ins 2017 No. 31 s 4

99ZG Meaning of recovery amount

(1)The recovery amount for a quantity of containers is—

(a)if the number of containers in the quantity is known—the total of the refund amounts for the number of containers; or

(b)otherwise—the amount worked out under the recovery amount protocol for the quantity.

(2)In this part, a recovery amount for a container—

(a)has been claimed if the container is included in a quantity of containers for which a recovery amount has been claimed; and

(b)has been paid if the container is included in a quantity of containers for which a recovery amount has been paid.

s 99ZG ins 2017 No. 31 s 4

99ZI When material recovery facility operator must not claim recovery amount

(1)The operator of a material recovery facility must not claim the recovery amount for a container if—

(a)a refund amount has been paid for the container at a container refund point; or

(b)the container is not registered; or

(c)the operator has allowed the container to be, or knows the container has been, disposed of to landfill.

Note—

See section 99ZX for deciding if an operator has allowed a container to be disposed of to landfill.

Maximum penalty—300 penalty units.

(2)Subsection (1)(c) does not apply to a container that is the subject of an extraordinary circumstances exemption.

s 99ZI ins 2017 No. 31 s 4

99ZJ Operator must not allow containers to become landfill

(1)The operator of a material recovery facility must not allow a container to be disposed of to landfill if the operator has received a recovery amount for the container.

Maximum penalty—500 penalty units.

Note—

See section 99ZX for deciding if an operator has allowed a container to be disposed of to landfill.

(2)This section does not apply to a container that is the subject of an extraordinary circumstances exemption.

s 99ZJ ins 2017 No. 31 s 4

99ZK Recovery amount protocol

(1)A recovery amount protocol is a document, issued by the chief executive, that states the way in which recovery amounts for containers are worked out if the number of containers is not known.

(2)Without limiting subsection (1), a recovery amount protocol may provide for ways to estimate the number of containers that are intermingled with other recyclable waste, for example—

(a)by sampling quantities of recyclable waste that include containers to work out the proportion of the waste that is containers; and

(b)estimating the number of containers in other quantities of recyclable waste using the proportion worked out from the sampling.

(3)A recovery amount protocol is issued by the chief executive by publishing it on the department’s website.

(4)The chief executive must review a recovery amount protocol—

(a)if the Organisation or the operator of a material recovery facility asks the chief executive, in writing, to review the protocol; or

(b)at other times prescribed by regulation.

s 99ZK ins 2017 No. 31 s 4

99ZL Operator of material recovery facility must comply with protocol

(1)This section applies if a material recovery agreement provides for the recovery amounts for quantities of containers claimed by the operator of a material recovery facility to be worked out under the recovery amount protocol.

(2)The operator of the material recovery facility must comply with the recovery amount protocol.

Maximum penalty—300 penalty units.

s 99ZL ins 2017 No. 31 s 4

div hdg ins 2017 No. 31 s 4

99ZW Inconsistent provision has no effect

A provision of any of the following agreements has no effect to the extent the provision is inconsistent with this Act—

(a)a container recovery agreement;

(b)a container collection agreement;

(c)a material recovery agreement.

s 99ZW ins 2017 No. 31 s 4

99ZX Disposal of containers to landfill

(1)This section applies for deciding, for this part, whether a person has disposed of, or allowed the disposal of, a container to landfill.

(2)A person has allowed a container to be disposed of to landfill if—

(a)the person arranged for the container to be taken to a waste facility for recycling; and

(b)when the person made the arrangement, the person knew, or ought reasonably to have known, the operator of the waste facility was likely to dispose of, or allow the disposal of, the container to landfill; and

(c)the container is disposed of to landfill.

(3)A person has not disposed of, or allowed the disposal of, a container to landfill if—

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

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

(c)that part of the container is disposed of to landfill.

s 99ZX ins 2017 No. 31 s 4

99ZY Extraordinary circumstances exemption

(1)This section applies if a container has become unsuitable to be recycled because of extraordinary circumstances.

Example—

The container becomes contaminated when the place at which the container is stored is inundated by water from a flooded river during a severe storm.

(2)The operator of a container refund point or material recovery facility may apply to the chief executive for an exemption (an extraordinary circumstances exemption) from the requirements under this part to—

(a)recycle the container or send the container to be recycled; and

(b)not allow the container to be disposed of to landfill.

Note—

See chapter 8A for general provisions that apply to the application and an extraordinary circumstances exemption.

(3)The chief executive may grant the exemption if satisfied—

(a)the container has become unsuitable to be recycled; and

(b)the circumstances that caused the container to become unsuitable to be recycled were extraordinary and either—

(i)could not have reasonably been foreseen; or

(ii)were beyond the operator’s control.

s 99ZY ins 2017 No. 31 s 4

99ZZ Authorisations for competition legislation

(1)The following things are specifically authorised for competition legislation—

(a)appointing, under part 5, a company to administer the scheme;

(b)granting, amending, transferring, suspending, cancelling or surrendering a container approval;

(c)a container collection agreement;

(d)a container recovery agreement;

(e)a material recovery agreement;

(f)the conduct of a person negotiating, entering into and performing an agreement mentioned in paragraph (c), (d) or (e).

(2)Anything authorised to be done by subsection (1) is authorised only to the extent to which it would otherwise contravene the Competition and Consumer Act 2010 (Cwlth) or the Competition Code of Queensland.

(3)In this section—

competition legislation means the Competition and Consumer Act 2010 (Cwlth), section 51(1)(b) or the Competition Code of Queensland, section 51.

s 99ZZ ins 2017 No. 31 s 4

100Application of this part

(1)This part applies to waste only if a regulation has identified the waste for the purposes of this part.

(2)Without limiting subsection (1), waste may be identified according to its type.

(3)This part does not apply to waste excluded under a regulation from the operation of this part.

(4)Waste to which this part applies is disposal ban waste.

101Prohibition on disposal of disposal ban waste

The operator of a waste facility who is required to hold an environmental authority in relation to the disposal of waste at the facility must not dispose of disposal ban waste at the facility.

Maximum penalty—1,000 penalty units.

s 101 amd 2012 No. 16s 78 sch (amd 2013 No. 6s 50 sch amdt 29)

102Considerations for prescribing waste as disposal ban waste

(1)The Minister may recommend to the Governor in Council the making of a regulation that identifies waste for the purposes of this part only after considering all of the following—

(a)whether prohibition on the disposal of the waste is the most effective point of intervention in the life cycle of the waste;

(b)whether there are viable existing or potential collection systems and markets for any benefit that may be obtained from not disposing of the waste;

(c)whether the costs of monitoring, enforcement and market development are proportional to the benefits;

(d)whether voluntary or other measures for the avoidance of disposal have been shown not to be effective;

(e)whether a prohibition on disposal is required to support an accredited product stewardship scheme, a regulated product stewardship scheme or an approved program.

(2)The Minister, in considering the matters mentioned in subsection (1), may consult with any expert reference group or other entity the Minister considers appropriate.

pt hdg ins 2017 No. 31 s 5

div hdg ins 2017 No. 31 s 5

102A Appointment

The Minister may, under this part, appoint an eligible company as the Product Responsibility Organisation for the container refund scheme.

s 102A ins 2017 No. 31 s 5

102B Meaning of eligible company

(1)An eligible company is a company that—

(a)is registered under the Corporations Act; and

(b)is carried on other than for the profit or gain of its individual members; and

(c)has a constitution that, at all times—

(i)requires the company to maintain a board, constituted by 9 directors, that has the composition required under subsection (2); and

(ii)prohibits dividends being paid to, or the income, profits or assets of the company being distributed among, its members; and

(iii)requires the persons appointed or employed as executive officers of the company to be eligible individuals; and

(iv)includes provisions about—

(A)the way the chair and directors are appointed and removed; and

(B)the way the chair and directors vote on and decide matters; and

(C)the remuneration and other entitlements of the chair and directors; and

(D)the way the constitution is amended; and

(E)another matter prescribed by regulation.

(2)For subsection (1)(c)(i), the required composition of the board is as follows—

(a)a chair who is—

(i)a director; and

(ii)independent of the beverage industry; and

(iii)approved by the Minister;

(b)at least 1 director who is an executive officer, employee or business associate of a small beverage manufacturer or an association that represents small beverage manufacturers;

(c)at least 1 director who is an executive officer, employee or business associate of a large beverage manufacturer;

(d)at least 1 director who—

(i)represents the interests of the community; and

(ii)is independent of the beverage industry; and

(iii)is approved by the Minister;

(e)at least 2 other directors who—

(i)have legal or financial qualifications and experience; and

(ii)are independent of the beverage industry.

(3)In this section—

independent of the beverage industry, for a person, means the person is not an executive officer, employee or business associate of a manufacturer of a beverage product.

large beverage manufacturer means a manufacturer of a beverage product other than a small beverage manufacturer.

small beverage manufacturer see section 99R(2).

s 102B ins 2017 No. 31 s 5

102C Powers

The Organisation has the powers necessary for performing its functions.

Note—

See section 99J for the Organisation’s functions.

s 102C ins 2017 No. 31 s 5

div hdg ins 2017 No. 31 s 5

sdiv hdg ins 2017 No. 31 s 5

102D Minister may invite application for appointment

(1)The Minister may invite an eligible company to apply for appointment as the Product Responsibility Organisation for the container refund scheme.

(2)The invitation may state—

(a)outcomes to be met by the Organisation in a stated period after appointment—

(i)relating to the Organisation’s functions; and

(ii)relating to administering the scheme in a way that provides opportunities for social enterprise, innovation and the development of technology; and

(b)other requirements for the application.

s 102D ins 2017 No. 31 s 5

102E Application

After receiving the invitation, the eligible company (the applicant) may apply for appointment as the Product Responsibility Organisation.

s 102E ins 2017 No. 31 s 5

102F Requirements for application

(1)The application must—

(a)be in writing; and

(b)include details of the applicant’s plans for the following matters—

(i)establishing and administering the scheme generally, including the estimated costs of establishing and administering the scheme;

(ii)entering into container recovery agreements with manufacturers of beverage products, including—

(A)the proposed amounts to be paid by the manufacturers under the agreements to contribute to costs of the administration of the scheme; and

(B)a proposed timeframe for entering the agreements;

(iii)establishing a network of container refund points;

(iv)entering into container collection agreements with the operators of container refund points, including—

(A)a process for choosing persons with whom to enter into container collection agreements; and

(B)proposed arrangements for ensuring container refund points are accessible to the public, including proposed locations and operating times; and

(C)the proposed amounts to be paid to operators under the agreements for handling, sorting and transporting containers for recycling; and

(D)a proposed timeframe for entering the agreements;

(v)achieving any outcomes stated in the Minister’s invitation;

(vi)setting the amounts payable under the scheme mentioned in section 99J(2)(d); and

(c)comply with any other requirements stated in the Minister’s invitation.

(2)The application must be accompanied by the following—

(a)a copy of the applicant’s constitution;

(b)evidence establishing the applicant is an eligible company and each of its executive officers is an eligible individual;

(c)a draft strategic plan and operational plan for establishing and administering the scheme;

(d)draft terms of a container recovery agreement, container collection agreement and material recovery agreement;

(e)a draft framework for resolving disputes between the applicant, manufacturers of beverage products, the operators of container refund points and the operators of material recovery facilities;

(f)draft policies for handling commercial or sensitive information about the beverage market;

(g)the signed consent of each person who the applicant considers is an executive officer or business associate of the applicant to—

(i)the collection of personal or background information about the person by the chief executive; and

(ii)a criminal history check.

s 102F ins 2017 No. 31 s 5

102G Referral of application to chief executive for assessment

After receiving the application, the Minister must refer the application to the chief executive for assessment.

s 102G ins 2017 No. 31 s 5

102H Withdrawing or amending application

The applicant may, at any time—

(a)withdraw the application; or

(b)amend the application with the agreement of the Minister.

s 102H ins 2017 No. 31 s 5

sdiv hdg ins 2017 No. 31 s 5

102I Chief executive assesses application

The chief executive must—

(a)assess whether the applicant is suitable for appointment as the Product Responsibility Organisation; and

(b)give the Minister a report about the applicant’s suitability.

s 102I ins 2017 No. 31 s 5

102J Particular matters for assessing application

(1)In assessing whether the applicant is suitable for appointment as the Organisation, the chief executive must consider and, if necessary, investigate the following—

(a)the application;

(b)the documents and evidence mentioned in section 102F(2) that accompanied the application;

(c)the applicant’s business reputation, current financial position and financial background;

(d)the suitability of each executive officer and business associate to be associated with the applicant as the Organisation;

(e)whether, collectively, the executive officers have the skills, knowledge and experience required for the applicant to perform the functions of the Organisation effectively and efficiently.

(2)In assessing the suitability of an executive officer or business associate of the applicant, the chief executive must consider and, if necessary, investigate the person’s—

(a)character or business reputation; and

(b)relevant skills, knowledge and experience; and

(c)current financial position and financial background.

s 102J ins 2017 No. 31 s 5

102K Chief executive may require further information or documents

(1)The chief executive may, by notice, require the applicant to give the chief executive further information or a document reasonably required to decide the application.

(2)When making the requirement, the chief executive must warn the applicant the application will not be considered further until the requirement is complied with.

s 102K ins 2017 No. 31 s 5

sdiv hdg ins 2017 No. 31 s 5

102L Minister decides application

(1)After receiving the chief executive’s report about the applicant’s suitability, the Minister must—

(a)consider the application and report; and

(b)decide to—

(i)appoint the applicant as the Product Responsibility Organisation and impose the conditions on the appointment the Minister considers necessary or desirable; or

(ii)refuse the application.

(2)The Minister must not decide to appoint the applicant unless the Minister is satisfied—

(a)the applicant has satisfactory plans about the matters mentioned in section 102F(1)(b); and

(b)collectively, the executive officers have the skills, knowledge and experience required for the applicant to perform the functions of the Organisation effectively and efficiently.

s 102L ins 2017 No. 31 s 5

102M Decision to make appointment

(1)If the Minister decides to appoint the applicant as the Product Responsibility Organisation, the Minister must, as soon as practicable after making the decision, give the applicant a notice about the decision.

(2)The notice must—

(a)state the applicant is appointed as the Product Responsibility Organisation; and

(b)state when the appointment takes effect; and

(c)state any conditions imposed on the appointment; and

(d)if the appointment is subject to conditions—be an information notice for the decision.

s 102M ins 2017 No. 31 s 5

102N Refusal of application

If the Minister decides to refuse the application, the Minister must give the applicant an information notice for the decision within 10 business days after making the decision.

s 102N ins 2017 No. 31 s 5

sdiv hdg ins 2017 No. 31 s 5

102O Appointment continues in force

(1)The appointment of a company as the Organisation continues in force until the appointment is cancelled.

(2)However, if the appointment is suspended, the appointment does not have effect during the period of the suspension.

s 102O ins 2017 No. 31 s 5

div hdg ins 2017 No. 31 s 5

102P Applying to amend appointment

(1)The company appointed as the Organisation may apply to the Minister to amend the appointment, including a condition of the appointment (an amendment application).

(2)The Minister must refer an amendment application to the chief executive for assessment.

s 102P ins 2017 No. 31 s 5

102Q Assessing application

(1)The chief executive must—

(a)assess the amendment application; and

(b)give the Minister a report about the amendment application.

(2)Sections 102J and 102K apply—

(a)for the purpose of the chief executive assessing the amendment application; and

(b)as though a reference in those sections to the application is a reference to the amendment application.

s 102Q ins 2017 No. 31 s 5

102R Deciding amendment application

(1)This section applies after the Minister is given a report about the chief executive’s assessment of an amendment application under section 102Q.

(2)The Minister must—

(a)consider the amendment application and report about the chief executive’s assessment of the amendment application; and

(b)decide to—

(i)grant the application; or

(ii)if the Minister decides to grant the application—impose or amend the conditions on the appointment the Minister considers are necessary or desirable; or

(iii)refuse the application.

s 102R ins 2017 No. 31 s 5

102S Decision to amend appointment

(1)If the Minister decides to grant the company’s amendment application, the Minister must give the company a notice about the decision.

(2)The notice must be given as soon as practicable after the decision is made and state—

(a)how the appointment is amended; and

(b)any new conditions imposed on the appointment; and

(c)any existing conditions amended for the appointment; and

(d)when the amendment takes effect.

(3)If the Minister imposes or amends any conditions on the appointment, the notice must also be an information notice for the decision to amend or impose the conditions.

s 102S ins 2017 No. 31 s 5

102T Refusal of application

If the Minister decides to refuse the amendment application, the Minister must give the company an information notice for the decision within 10 business day of making the decision.

s 102T ins 2017 No. 31 s 5

div hdg ins 2017 No. 31 s 5

sdiv hdg ins 2017 No. 31 s 5

102U Minister may amend appointment

The Minister may, on the Minister’s own initiative or on the recommendation of the chief executive, amend a company’s appointment as the Organisation.

s 102U ins 2017 No. 31 s 5

102V Grounds for suspending or cancelling appointment as Organisation

Each of the following is a ground to suspend or cancel a company’s appointment as the Organisation—

(a)the company is no longer an eligible company;

(b)an executive officer of the company is no longer an eligible individual;

(c)the company is no longer suitable for appointment as the Organisation;

(d)the company as the Organisation has contravened a provision of this Act;

(e)the company has contravened a condition of its appointment as the Organisation;

(f)the company as the Organisation has failed to comply with a direction of the Minister under section 102ZE;

(g)the company as the Organisation has failed to achieve, and is unlikely to achieve, an outcome prescribed under section 102ZF during a particular period;

(h)the company as the Organisation has contravened a compliance notice given to the company under chapter 11;

(i)the company was appointed as the Organisation because of a materially false or misleading representation or declaration.

s 102V ins 2017 No. 31 s 5

102W Immediate suspension

(1)The Minister may suspend the appointment of a company as the Organisation immediately if the Minister reasonably believes—

(a)a ground exists to suspend or cancel the company’s appointment; and

(b)the circumstances warrant the immediate suspension of the appointment to ensure—

(i)the safety of persons; or

(ii)the public interest in the scheme is not adversely affected.

(2)If the Minister decides to suspend the company’s appointment under subsection (1), the Minister must give the company—

(a)an information notice for the decision to suspend the appointment immediately; and

(b)a show cause notice under section 102X.

(3)The suspension—

(a)takes effect when the notices are given to the company; and

(b)continues until the earliest of the following happens—

(i)the Minister ends the suspension;

(ii)the show cause notice is finally dealt with;

(iii)30 business days after the notices are given to the company.

s 102W ins 2017 No. 31 s 5

sdiv hdg ins 2017 No. 31 s 5

102X Show cause notice

(1)This section applies if the Minister proposes to—

(a)amend the company’s appointment as the Organisation (the proposed action); or

(b)suspend or cancel the company’s appointment as the Organisation (also the proposed action).

(2)If the proposed action is suspension, the proposed action must also include appointing an administrator.

(3)The Minister must give a notice (a show cause notice) about the proposed action to the company.

(4)The show cause notice must state the following—

(a)the proposed action;

(b)if the proposed action is an amendment—the proposed amendment;

(c)if the proposed action is suspension—the period of the suspension;

(d)the grounds for the proposed action;

(e)the facts and circumstances that form the basis for the grounds;

(f)that the company may, within a stated period (the show cause period), make a written submission to the Minister about why the proposed action should not be taken.

(5)The show cause period must end at least 28 days after the company is given the show cause notice.

(6)The Minister may ask the chief executive to prepare a report about the submissions made by the company during the show cause period.

s 102X ins 2017 No. 31 s 5

102Y Decision about proposed amendment, suspension or cancellation

(1)Within 20 business days after the end of the period for making submissions stated in the show cause notice, the Minister must decide whether or not to take the proposed action.

(2)The Minister may decide—

(a)if the proposed action was to make a stated amendment—to make the stated amendment; or

(b)if the proposed action was to suspend the appointment for a stated period—to suspend the appointment for no longer than the stated period; or

(c)if the proposed action was to cancel the appointment—to suspend the appointment for a period or cancel the appointment.

(3)However, the Minister may extend, on 1 occasion and by no more than 20 business days, the period for making a decision by giving a notice about the extension to the company before the end of the period.

(4)In deciding whether or not to take the proposed action, the Minister must consider the following—

(a)all submissions made by the company during the show cause period;

(b)if the Minister asked the chief executive to prepare a report about the submissions—the chief executive’s report;

(c)the objects of this Act and how they are to be achieved, as stated in chapter 1, part 2;

(d)another matter prescribed by regulation.

(5)If the Minister decides to take the proposed action, the Minister must, within 10 business days after making the decision, give the company an information notice for the decision.

(6)The decision to take the proposed action takes effect on the later of the following days—

(a)the day the information notice is given to the company;

(b)a day stated in the information notice.

(7)If the Minister decides not to take the proposed action, the Minister must give the company a notice about the decision within 5 business days after making the decision.

s 102Y ins 2017 No. 31 s 5

sdiv hdg ins 2017 No. 31 s 5

102Z Appointment of administrator

(1)The Minister may appoint an administrator—

(a)if the Minister suspends a company’s appointment as the Organisation under section 102Y—for the company as the Organisation; or

(b)if the Minister cancels a company’s appointment as the Organisation under section 102Y—to perform the functions of the Organisation.

(2)An administrator, during the administrator’s term of appointment and to the exclusion of any other person—

(a)has the function—

(i)for an administrator appointed under subsection (1)(a)—of conducting and managing the affairs of the company as the Organisation; or

(ii)for an administrator appointed under subsection (1)(b)—of being the Organisation under this Act; and

(b)has the other functions stated in the administrator’s notice of appointment; and

(c)is taken to be the Organisation.

(3)The function of the administrator under subsection (2)(a) may be limited by the administrator’s notice of appointment.

s 102Z ins 2017 No. 31 s 5

102ZA Powers

An administrator may do anything necessary or convenient to be done for, or in connection with, the administrator’s functions.

s 102ZA ins 2017 No. 31 s 5

102ZB Providing assistance

(1)An administrator appointed under section 102Z may, for performing the administrator’s functions, by a notice given to an officer or employee or former officer or employee of the company, require the person to—

(a)produce documents in the person’s possession that the administrator reasonably requires to perform the functions; or

(b)provide the other information or assistance the administrator reasonably requires to perform the functions.

(2)A person of whom a requirement has been made under subsection (1) must comply with it unless the person has a reasonable excuse.

Maximum penalty—100 penalty units.

(3)It is a reasonable excuse for an individual not to comply with the requirement if doing so might tend to incriminate the individual.

(4)In this section—

the company means—

(a)if the administrator is appointed under section 102Z(1)(a)—the company whose appointment as the Organisation is suspended; or

(b)if the administrator is appointed under section 102Z(1)(b)—the company that was appointed as the Organisation most recently before the administrator was appointed.

s 102ZB ins 2017 No. 31 s 5

102ZC Remuneration and costs

(1)If a person appointed as administrator is not a public service employee, the person is entitled to be paid the remuneration decided by the chief executive.

(2)The costs of and incidental to the performance of the functions of the administrator are payable by the company.

(3)In this section—

the company see section 102ZB(4).

s 102ZC ins 2017 No. 31 s 5

sdiv hdg ins 2017 No. 31 s 5

102ZD Minor amendment

(1)The Minister may make a minor amendment of a company’s appointment as the Organisation by giving a notice about the amendment to the company.

(2)This section applies despite subdivision 2.

(3)In this section—

minor amendment, of a company’s appointment as the Organisation, means an amendment of the appointment—

(a)to correct a minor or formal error in the appointment; or

(b)to make another change that is not a change of substance and does not adversely affect the company.

s 102ZD ins 2017 No. 31 s 5

div hdg ins 2017 No. 31 s 5

sdiv hdg ins 2017 No. 31 s 5

102ZE Ministerial directions

(1)The Minister may give the Organisation a written direction about the performance of its functions or the exercise of its powers.

(2)The Organisation must comply with the direction.

Note—

Failure to comply with the direction is not an offence but may be a ground for suspending or cancelling a company’s appointment as the Organisation. See section 102V.

(3)The Organisation must include in its annual report for a financial year prepared under section 102ZJ details of—

(a)each direction given by the Minister under this section in the year; and

(b)action taken by the Organisation in the year because of the direction.

s 102ZE ins 2017 No. 31 s 5

sdiv hdg ins 2017 No. 31 s 5

102ZF Regulation may prescribe outcomes to be achieved

(1)A regulation may prescribe outcomes to be achieved by the Organisation, during a period stated in the regulation, relating to—

(a)the Organisation’s functions, including, for example, outcomes relating to—

(i)the recovery and recycling of containers under the scheme; or

(ii)the accessibility of container refund points to members of the public; or

(b)administering the scheme in a way that provides opportunities for social enterprise, innovation and the development of technology.

(2)The Organisation must use its best endeavours to achieve an outcome prescribed under subsection (1).

Note for subsection (2)—

Failure to use best endeavours to achieve an outcome is not an offence but may be a ground for suspending or cancelling a company’s appointment as the Organisation. See section 102V.

s 102ZF ins 2017 No. 31 s 5

102ZG Annual budget, strategic plan and operational plan

(1)Before 31 March each year, the Organisation must prepare, in the way prescribed by regulation, and give the Minister the following documents—

(a)a budget of estimated costs of the scheme for the next financial year, including the estimated costs of—

(i)the Organisation; and

(ii)refund amounts to be paid for empty beverage containers under the scheme; and

(iii)the operation of container refund points, including handling, sorting and transporting empty beverage containers for recycling;

(b)a strategic plan;

(c)an operational plan.

(2)During a financial year, the Organisation may amend its budget, strategic plan or operational plan for that year.

(3)The Organisation must give the amended budget, strategic plan or operational plan to the Minister within 10 business days after making the amendment.

s 102ZG ins 2017 No. 31 s 5

102ZH Approval of strategic plan

(1)The Organisation’s strategic plan has no effect until it has been approved by the Minister.

(2)The Minister must approve the strategic plan as soon as practicable after receiving the plan.

(3)An amendment to a strategic plan has no effect until it has been approved by—

(a)for a minor amendment—the Organisation; or

(b)otherwise—the Minister.

(4)In this section—

minor amendment, of a strategic plan, means an amendment of a minor nature that does not materially change the plan.

s 102ZH ins 2017 No. 31 s 5

sdiv hdg ins 2017 No. 31 s 5

102ZI Quarterly reports

(1)The Organisation must give the Minister a report about its operations for each quarter in a financial year.

(2)The report for a quarter must be given to the Minister—

(a)within 6 weeks after the end of the quarter; or

(b)if another period after the end of the quarter is agreed between the Organisation and the Minister—within the agreed period.

(3)The report must include the information—

(a)stated in the Organisation’s strategic plan; or

(b)prescribed by regulation.

(4)In this section—

quarter, in a financial year, means the following periods in the year—

(a)1 July to 30 September;

(b)1 October to 31 December;

(c)1 January to 31 March;

(d)1 April to 30 June.

s 102ZI ins 2017 No. 31 s 5

102ZJ Annual report

(1)The Organisation must give the Minister a report about its operations for each financial year.

(2)An annual report for a financial year must be given to the Minister by 30 September after the end of the financial year.

(3)An annual report for a financial year must include the following—

(a)annual financial statements for the year that have been audited by a third-party auditor;

(b)details of the Organisation’s achievements during the year of—

(i)the objectives in its strategic and operational plans; or

(ii)an outcome prescribed under section 102ZF;

(c)the information—

(i)stated in the Organisation’s strategic plan; or

(ii)prescribed by regulation.

(4)In this section—

third-party auditor means a person who—

(a)is appropriately qualified to audit the Organisation’s annual financial statements; and

(b)is not an executive officer or business associate of the Organisation.

s 102ZJ ins 2017 No. 31 s 5

102ZK Organisation must inform Minister

The Organisation must immediately inform the Minister about any matter that the Organisation considers may—

(a)prevent, or significantly affect, its achievement of—

(i)the objectives in its strategic and operational plans; or

(ii)an outcome prescribed under section 102ZF; or

(b)significantly impact on—

(i)its performance of its functions; or

(ii)its financial position or viability; or

(iii)public confidence in the integrity of the scheme.

s 102ZK ins 2017 No. 31 s 5

102ZL Reporting to chief executive

(1)The Minister may act under this section for the purpose of monitoring, assessing or reporting on the Organisation’s performance of its functions.

(2)The Minister may require the Organisation to report to the chief executive by, for example, giving stated information at stated times to the chief executive.

(3)The Organisation must comply with the requirement.

Note—

Failure to comply with the requirement is not an offence but may be a ground for suspending or cancelling a company’s appointment as the Organisation. See section 102V.

s 102ZL ins 2017 No. 31 s 5

sdiv hdg ins 2017 No. 31 s 5

102ZM Requirement to implement plans in application

(1)The Organisation must implement its plans for the following matters as stated in its application for appointment as the Organisation—

(a)establishing and administering the scheme generally;

(b)entering into container recovery agreements with manufacturers of beverage products;

(c)establishing a network of container refund points;

(d)entering into container collection agreements with the operators of container refund points;

(e)achieving any outcomes stated in the Minister’s invitation under section 102D;

(f)setting the amounts payable under the scheme mentioned in section 99J(2)(d).

(2)The Organisation must establish and operate a container refund point in a community if—

(a)persons in the community do not have reasonable access to a container refund point; and

(b)the Organisation has not identified another person with whom to enter into a container collection agreement to operate a container refund point in the community.

(3)This section applies subject to a condition of the Organisation’s appointment.

Note—

Failure to comply with this section is not an offence but may be a ground for suspending or cancelling a company’s appointment as the Organisation. See section 102V.

s 102ZM ins 2017 No. 31 s 5

102ZN Status as eligible company

(1)The Organisation must, in each year, give the chief executive—

(a)a notice about whether the Organisation is, and has been during the previous year, an eligible company; and

(b)a copy of the Organisation’s constitution.

(2)The notice and copy must be given within 10 business days after the day that is the anniversary of the company’s appointment as the Organisation.

s 102ZN ins 2017 No. 31 s 5

102ZO Notice of particular events

(1)If any of the following events happens, the Organisation must give a notice about the event to the chief executive—

(a)an event that makes the Organisation no longer an eligible company;

(b)an event that makes an executive officer or business associate of the Organisation no longer an eligible individual;

(c)the appointment or employment of an executive officer of the Organisation ends;

(d)a person is appointed or employed as an executive officer of the Organisation;

(e)a shareholder or member of the Organisation stops being a shareholder or member of the Organisation;

(f)a person becomes a shareholder or member of the Organisation.

(2)The notice must be given within 10 business days after the event happens.

(3)A notice about an event mentioned in subsection (1)(a) must include the Organisation’s plan and timetable for making the Organisation an eligible company.

(4)A notice about an event mentioned in subsection (1)(d) or (f) must be accompanied by the signed consent of the person who is the subject of the notice to—

(a)the collection of personal or background information about the person by the chief executive; and

(b)a criminal history check.

s 102ZO ins 2017 No. 31 s 5

div hdg ins 2017 No. 31 s 5

102ZP Delegation

(1)The Organisation may delegate its functions and powers under this Act to a director or appropriately qualified employee of the Organisation.

(2)The chief executive officer of the Organisation (however described) may, with the Organisation’s approval, subdelegate a function delegated to the chief executive officer under subsection (1) to an appropriately qualified employee of the Organisation.

s 102ZP ins 2017 No. 31 s 5

102ZQ Obtaining the criminal history of an individual

(1)This section applies in relation to an individual who—

(a)is an executive officer or business associate of the Organisation or an applicant under division 2; and

(b)has given written consent to the chief executive obtaining the individual’s criminal history.

(2)The chief executive may ask the commissioner of the police service for a written report about the individual’s criminal history, including a brief description of the circumstances of any conviction mentioned in the individual’s criminal history.

(3)After receiving the request, the police commissioner must give the report about the individual’s criminal history to the chief executive.

(4)However, the duty imposed on the police commissioner applies only to information in the commissioner’s possession or to which the commissioner has access.

s 102ZQ ins 2017 No. 31 s 5

102ZR Corporations Act displacement

A provision of this part, to the extent the provision is incapable of concurrent operation with a provision of the Corporations Act, is declared to be a Corporations legislation displacement provision for section 5G of that Act.

Note—

Section 5G of the Corporations Act provides that if a State law declares a provision of a law of a State to be a Corporations legislation displacement provision, any provision of the Corporations legislation with which the State provision would otherwise be inconsistent does not apply to the extent necessary to avoid the inconsistency.

s 102ZR ins 2017 No. 31 s 5

103General littering provision

(1)A person must not litter at a place.

Maximum penalty—

(a)if the offence involves dangerous littering—40 penalty units; or

(b)otherwise—30 penalty units.

(2)For subsection (1), a person litters at a place if the person deposits at the place an amount of waste that is less than 200L in volume.

(3)However, a person who deposits at a place an amount of waste of less than 200L in volume (the relevant waste) does not litter at the place if—

(a)the person is an occupier of the place; or

(b)the person deposits the relevant waste with the consent of an occupier of the place; or

(c)the person deposits the relevant waste by placing it in a bin or other container provided by an occupier of the place, or by another person with the agreement of an occupier, for the purpose of depositing the relevant waste.

(4)Despite subsection (3), a person who deposits at a place on a road an amount of waste of less than 200L in volume (also the relevant waste)—

(a)commits an offence under subsection (1) even if the person is an occupier of the place, or deposits the relevant waste with the consent of an occupier of the place; but

(b)does not commit an offence under subsection (1) if the person deposits the waste by placing it in a bin or other container provided by an occupier of the place, or by another person with the agreement of an occupier, and located at the place, for the purpose of depositing the relevant waste.

Example for subsection (4)—

A person would commit an offence under subsection (1) if the person, on a road under the control of a local government, deposited 50L of waste in a waste bin placed on the road by a road maintenance contractor, with the local government’s agreement, for the purpose of collecting waste road material.

(5)In this section—

dangerous littering means depositing waste that causes or is likely to cause harm to a person, property or the environment.

Examples of dangerous littering—

•throwing a lit cigarette onto dry grass in extreme fire danger conditions

•smashing a bottle and leaving the broken glass on a footpath

•leaving a syringe in a public place other than in a container intended for receiving used syringes

104Illegal dumping of waste provision

(1)A person must not illegally dump waste at a place.

Maximum penalty—

(a)if the offence involves depositing a volume of less than 2,500L of waste—400 penalty units; or

(b)otherwise—1,000 penalty units.

Note—

If a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 268, to have also committed the offence.

(2)For subsection (1), a person illegally dumps waste at a place if the person deposits at the place an amount of waste that is 200L or more in volume.

(3)However, a person who deposits at a place an amount of waste of 200L or more in volume (the relevant waste) does not illegally dump the relevant waste if—

(a)the person is an occupier of the place; or

(b)the person deposits the relevant waste with the consent of an occupier of the place; or

(c)the person deposits the waste by placing it in a bin or other container provided by an occupier of the place, or by another person with the agreement of an occupier, for the purpose of depositing the relevant waste.

(4)Despite subsection (3), a person who deposits at a place on a road an amount of waste of 200L or more in volume (also the relevant waste)—

(a)commits an offence under subsection (1) even if the person is an occupier of the place, or deposits the relevant waste with the consent of an occupier of the place; but

(b)does not commit an offence under subsection (1) if the person deposits the relevant waste by placing it in a bin or other container provided by an occupier of the place, or by another person with the agreement of an occupier, and located at the place, for the purpose of depositing the relevant waste.

(5)Two or more deposits of waste at a place are taken to be 1 deposit of waste for this section if they together constitute a connected series of deposits.

Example—

A connected series of 3 deposits of waste at a place, each of a volume of approximately 80L, would constitute the deposit at the place of an amount of waste that is more than 200L in volume.

s 104 amd 2013 No. 51s 229sch 1

105What is advertising material

(1)

Advertising material means any of the following, if it includes any form of advertising for a commercial purpose—

(a)a circular, a flyer, promotional matter, information or a letter;

(b)a newspaper, magazine or other publication distributed without charge to intended readers.

(2)In this section—

flyer means a single sheet of printed material circulated to announce an event, promote a cause or advertise a product.

106What is unsolicited advertising material for premises

(1)Advertising material is unsolicited advertising material for premises if it is not addressed by name to an owner or occupier of the premises or to a person who is otherwise lawfully at the premises from time to time.

Examples of unsolicited advertising material—

advertising material addressed only as ‘To the householder’ or ‘To the occupier’

(2)However, the following are not unsolicited advertising material for premises—

(a)a newspaper delivered to the premises, unless the owner or occupier of the premises has advised the publisher or distributor of the newspaper that the owner or occupier does not wish to receive the newspaper;

(b)material folded or inserted into a newspaper delivered to the premises if under this subsection the newspaper is not unsolicited advertising material for the premises.

s 106 amd 2011 No. 40s 7B

107Unlawful delivery provision

(1)A person must not deliver to premises any unsolicited advertising material for the premises if—

(a)on an exterior receptacle or other place for receiving mail for the premises, or on a boundary fence or gate adjoining the footpath or other public access point for the premises, there is a legible sign or marking; and

(b)the sign or marking states ‘No Advertising Material’, ‘No Junk Mail’, ‘Australia Post Mail Only’ or words to similar effect or otherwise contains any words in English indicating, expressly or by implication, that unsolicited advertising material for the premises is not to be delivered to the premises; and

(c)the sign or marking is clearly visible to a person delivering the advertising material to the premises.

(2)This section does not apply to the giving of unsolicited advertising material for premises personally to a person at the premises.

(3)To remove any doubt, it is declared that this section does not apply to the delivery to premises of a newspaper unless, having regard to section 106(2), the newspaper is unsolicited advertising material for the premises.

s 107 amd 2011 No. 40s 7C

108Secure delivery provision

(1)A person who delivers to premises any unsolicited advertising material for the premises must ensure that the material is placed securely—

(a)in a receptacle, slot or other place used for the delivery of mail to the premises; or

(b)in a receptacle or slot that is used for the delivery of newspapers to the premise; or

(c)under a door of the premises.

(2)To remove any doubt, it is declared that this section does not apply to the delivery to premises of a newspaper unless, having regard to section 106(2), the newspaper is unsolicited advertising material for the premises.

s 108 amd 2011 No. 40s 7D

109Placing document on or in motor vehicle or on building or other fixed structure

(1)A person must not place any document in or on a motor vehicle without the express consent of a person who is a registered operator, owner or driver of the vehicle.

(2)A person must not attach any document to any building or other fixed structure without the express consent of the owner or occupier of the building or structure, or of a person acting for the owner or occupier.

(3)For subsections (1) and (2), it does not matter whether or not the document is advertising material.

(4)A person does not contravene subsection (1) or (2) if the person places a document in or on a motor vehicle, or attaches a document to a building or other fixed structure—

(a)in the lawful performance of a function under an Act; or

(b)if the action is reasonable in the circumstances.

Example of reasonable actions—

•leaving a note on a motor vehicle providing contact details after causing accidental damage to the motor vehicle

•leaving a note on a motor vehicle to indicate that the place where the motor vehicle is parked is reserved for other purposes

(5)In this section—

document means any paper or other material on which there is writing or any drawing, figure, symbol or other expression.

110Advice to chief executive about placing or attaching documents

(1)This section applies if the chief executive believes on reasonable grounds that documents have been distributed by being placed in or on motor vehicles, or attached to buildings or other fixed structures, in contravention of section 109.

(2)The chief executive may give a notice under this section to a person who is an adult if the chief executive reasonably believes the person—

(a)authorised or arranged for the distribution of the documents; or

(b)authorised or arranged for printing of the documents; or

(c)placed or attached any of the documents.

(3)A notice under subsection (2)(a) or (b) may require the person to advise the chief executive of the name and contact details of any person who placed or attached 1 or more of the documents.

(4)A notice under subsection (2)(b) or (c) may require the person to advise the chief executive of the name and contact details of the person who authorised or arranged for distribution of the documents.

(5)A person who is given a notice under this section must comply with the notice within 7 days after receiving the notice unless the person has a reasonable excuse.

Maximum penalty—40 penalty units.

111Advice to chief executive about delivering or distributing advertising material

(1)This section applies if the chief executive believes on reasonable grounds that advertising material has been distributed in an area by being delivered to premises in contravention of the unlawful delivery provision or the secure delivery provision.

(2)The chief executive may give a notice under this section to a person who is an adult if the chief executive reasonably believes the person—

(a)authorised or arranged for the distribution of the advertising material; or

(b)authorised or arranged for the printing of the advertising material; or

(c)delivered any of the advertising material.

(3)A notice under subsection (2)(a) or (b) may require the person to advise the chief executive of the name and contact details of any person who delivered any of the advertising material.

(4)A notice under subsection (2)(b) or (c) may require the person to advise the chief executive of the name and contact details of the person who authorised or arranged for distribution of the advertising material.

(5)A person who is given a notice under this section must comply with the notice within 7 days after receiving the notice unless the person has a reasonable excuse.

Maximum penalty—40 penalty units.

112Avoiding accumulations of waste

(1)This section applies if a person (the responsible entity) authorises, or arranges for, the distribution of advertising material to premises in an area.

(2)The responsible entity must take reasonable steps to ensure that the advertising material does not, having regard to the way in which it is delivered to premises, become waste.

Maximum penalty—100 penalty units.

Example of reasonable steps for subsection (2)—

The advertising material is delivered in a way that is consistent with the Distribution Standards Board’s code of practice for the delivery of advertising material.

(3)If, in the delivery of any of the advertising material to any premises, a person contravenes the unlawful delivery provision or the secure delivery provision, the responsible entity must, if directed by the chief executive to do so, collect the material from the premises within the period directed by the chief executive.

Maximum penalty—100 penalty units.

(4)This section does not apply to a newspaper unless, having regard to section 106(2), the newspaper is unsolicited advertising material for premises.

s 112 amd 2011 No. 40s 7E

113Application of pt 3

(1)This part applies to an offence against a relevant offence provision if the offence is a vehicle littering or illegal dumping offence.

(2)An offence against a relevant offence provision is a vehicle littering or illegal dumping offence if—

(a)the offence is committed by a person who is, or becomes, an occupant of a vehicle that is associated with the commission of the offence; and

(b)under the State Penalties Enforcement Act 1999, an offence against the relevant offence provision is prescribed to be an offence to which that Act applies.

(3)A vehicle is associated with the commission of an offence against a relevant offence provision if, for example, the person who committed the offence—

(a)was in the vehicle when the offence was committed; or

(b)was leaving or had just left the vehicle when the offence was committed; or

(c)used the vehicle to transport waste to the place where the offence was committed; or

(d)committed the offence near the vehicle before entering the vehicle.

(4)Despite subsection (1), this part does not apply to a vehicle littering or illegal dumping offence if—

(a)the vehicle associated with the commission of the offence was a public passenger vehicle being used to transport members of the public; and

(b)the offence was committed by a person other than the driver of the vehicle.

(5)In this section—

relevant offence provision means the general littering provision or the illegal dumping of waste provision.

114Application of State Penalties Enforcement Act 1999

(1)For the State Penalties Enforcement Act 1999, a vehicle littering or illegal dumping offence is an offence involving a vehicle as defined under that Act.

(2)For applying the State Penalties Enforcement Act 1999 to a vehicle littering or illegal dumping offence, the references in sections 17(3), 22(1)(c), 33(1)(d) and 157(2)(j) to an illegal user declaration, a known or unknown user declaration or a sold vehicle declaration are taken to include a reference to a passenger declaration.

(3)Subsection (2) does not affect a person’s right under the State Penalties Enforcement Act 1999, section 17(3) to give a SPEA declaration for a vehicle for the offence.

(4)However, if a person gives a passenger declaration for the offence, another person may not give a SPEA declaration or a passenger declaration for the same offence.

(5)In this section—

SPEA declaration means an illegal user declaration, a known or unknown user declaration or a sold vehicle declaration under the State Penalties Enforcement Act 1999.

115Effect of passenger declaration

(1)This section applies if—

(a)a vehicle littering or illegal dumping offence happens; and

(b)an infringement notice for the offence is served on a prescribed person for the offence; and

(c)the prescribed person makes and gives to the administering authority for the infringement notice a passenger declaration for the offence.

(2)The State Penalties Enforcement Act 1999, section 17 applies as if the person named in the declaration as the person who deposited the waste (the passenger) were the owner of the vehicle at the relevant time and date.

(3)A proceeding for the offence may be started against the passenger only if a copy of the declaration has been served on the passenger.

(4)In a proceeding for the offence against the passenger, the declaration is evidence that the passenger deposited the waste at the relevant time and date.

(5)In a proceeding for the offence against the prescribed person, a court must not find the prescribed person guilty of the offence if it is satisfied, whether on the statements contained in the declaration or otherwise, the prescribed person did not deposit the waste at the relevant time and date.

(6)In this section—

administering authority, for the infringement notice, means the administering authority for the notice under the State Penalties Enforcement Act 1999.

relevant time and date means the time and date stated in the infringement notice as the time and date of the vehicle littering or illegal dumping offence.

116Service of infringement notice for vehicle littering or illegal dumping offence

(1)An infringement notice for a vehicle littering or illegal dumping offence may be served on the person named in a passenger declaration as the person who deposited the waste.

(2)If the infringement notice is to be served by post, the notice may be addressed to the person at the person’s address stated in the declaration.

117Chief executive (transport) must disclose information

(1)This section applies if—

(a)an authorised person is reasonably satisfied that vehicle registry information may be used—

(i)in a proceeding against a person for a vehicle littering or illegal dumping offence; or

(ii)for the service of an infringement notice on a person for a vehicle littering or illegal dumping offence; and

(b)the authorised person asks the chief executive (transport) for the information.

(2)The chief executive (transport) must disclose the information to the authorised person if—

(a)the chief executive (transport) reasonably considers that the information may be used—

(i)in a proceeding against the person for the vehicle littering or illegal dumping offence; or

(ii)for the service of an infringement notice on the person for the vehicle littering or illegal dumping offence; or

(b)the disclosure is authorised by the person to whom the information relates.

(3)In this section—

chief executive (transport) means the chief executive of the department in which the Transport Operations (Road Use Management) Act 1995 is administered.

vehicle registry information means information kept in the register of registered vehicles under a regulation under the Transport Operations (Road Use Management) Act 1995.

118Facilitating enforcement of vehicle littering or illegal dumping offence

(1)If a person (the reporter) observes an incident that the reporter considers to be the commission of a vehicle littering or illegal dumping offence, the reporter may give the chief executive a signed notice (a vehicle littering or illegal dumping report) containing information about the incident.

(2)The chief executive must maintain arrangements for receiving and giving consideration to any vehicle littering or illegal dumping report, whether the report is given in hard copy or electronic form.

(3)The chief executive must not, other than with the consent of the reporter, or to take action under this chapter, including starting a proceeding, release to any person a vehicle littering or illegal dumping report.

(4)A vehicle littering or illegal dumping report should, if practicable, include enough information about the incident to allow the chief executive to form an opinion about whether a vehicle littering or illegal dumping offence has happened, and if so, the circumstances of the offence.

(5)Without limiting subsection (4), the information may include the following—

(a)the reporter’s name, street address and contact details;

(b)the date, the approximate time and the place of the incident;

(c)registration details of the vehicle involved;

(d)the make, model, body type and colour of the vehicle involved;

(e)the type and amount of waste deposited;

(f)any other details that may in the circumstances help the chief executive;

Example—

the side of the vehicle from which waste was thrown

(g)whether the reporter is prepared to give evidence about the incident in a court if asked to do so.

(6)Without limiting the factors the chief executive may take into consideration in deciding whether to take any action in relation to a vehicle littering or illegal dumping report, the factors may include the following—

(a)whether the reporter can be identified;

(b)whether there is enough detail in the report to allow the chief executive to form an opinion about whether a vehicle littering or illegal dumping offence has happened;

(c)whether the reporter has been identified, having regard to previous vehicle littering or illegal dumping reports or other previous correspondence, as a person who has given information that is vexatious or mischievous in nature;

(d)whether the reporter is prepared to give evidence in court about the circumstances of the vehicle littering or illegal dumping offence;

(e)whether the vehicle reported on is a vehicle to which this part applies.

119Purpose of chapter

The purpose of this chapter is to provide, in a way that achieves the objects of this Act, for strategic planning for improving waste management—

(a)at regional and individual local government level; and

(b)at state government departmental level; and

(c)at business and industry level.

120Meaning of waste reduction and recycling plan

A waste reduction and recycling plan, for an entity, is a plan that—

(a)establishes strategic waste management, including waste reduction and recycling, planning requirements for the entity for—

(i)a particular aspect of waste management relevant to the entity; or

(ii)some or all aspects of waste management relevant to the entity; and

(b)has been prepared and adopted in compliance with the requirements of this chapter.

121Object of pt 2

The object of this part is to provide for each local government to prepare, adopt and implement a plan for managing waste, in its local government area, in a way that best achieves the objects of this Act.

122Local governments combining on a regional basis

If 2 or more local governments combine as a single entity to prepare a waste reduction and recycling plan for an aspect of waste management, the plan must satisfy the requirements for waste reduction and recycling plans for that aspect of waste management for all the local governments.

123Local government’s waste reduction and recycling plan obligation

(1)On and from the day prescribed under a regulation, a local government has an obligation at all times to ensure that—

(a)all aspects of waste management in its local government area are comprehensively addressed by 1 or more waste reduction and recycling plans; and

(b)each waste reduction and recycling plan has been prepared by the local government or with its approval, and has been adopted by the local government; and

(c)each waste reduction and recycling plan is being implemented in accordance with its terms.

(2)Without limiting subsection (1), the local government’s waste reduction and recycling plans must, to the extent reasonably practicable, include the following—

(a)waste reduction and recycling targets for—

(i)waste generated by the local government in carrying out its activities; and

(ii)waste generated by households in the local government’s local government area; and

(iii)other waste generated in the local government’s local government area other than by the local government;

(b)actions to be taken to improve waste reduction and recycling of—

(i)waste generated by the local government in carrying out its activities; and

(ii)waste generated by households in the local government’s local government area; and

(iii)other waste generated in the local government’s local government area other than by the local government;

(c)details of current and proposed waste infrastructure;

(d)the management and monitoring of the local government’s performance under the plans;

(e)information about achieving continuous improvement in waste management;

(f)other matters prescribed under a regulation about the requirements for a local government’s waste reduction and recycling plans.

s 123 amd 2013 No. 6s 32

124Matters to be complied with in the preparation and adoption of a local government’s waste reduction and recycling plan

(1)A local government, in preparing or adopting a waste reduction and recycling plan for its local government area, must have regard to—

(a)current and predicted information about the following matters relating to its area—

(i)population profiles;

(ii)residential, industrial and commercial development;

(iii)amounts and types of waste generated; and

(b)the services, markets and facilities relevant to dealing with different types and amounts of waste; and

(c)the waste and resource management hierarchy; and

(d)the waste and resource management principles; and

(e)how the goals and targets of the State’s waste management strategy will be achieved.

(2)Subsection (1) does not limit the matters the local government may or ought to have regard to.

(3)A waste reduction and recycling plan for a local government must provide for the plan to be in effect for a period (the implementation period for the plan) of at least 3 years.

(4)Subsection (3) does not stop a waste reduction and recycling plan being amended or replaced within the implementation period for the plan.

125Adoption of plan following consultation

(1)A local government must by resolution adopt a waste reduction and recycling plan, or an amendment of a waste reduction and recycling plan, before the plan or amendment is implemented in its local government area.

(2)Before adopting the plan or amendment, the local government must consult with the public about the proposed plan or amendment.

(3)The level of consultation must be appropriate in the circumstances, having regard to the level of significance of the plan or amendment.

(4)However, if a new waste reduction and recycling plan is proposed to be adopted, or a proposed amendment of a waste reduction and recycling plan will substantially affect the operation of the plan, the proposed plan or amendment must be made available for public comment, including especially by households and businesses, for at least 28 days.

(5)The local government must, in finalising a plan or amendment for adoption, take into account any submissions received about the plan or amendment.

126Review of plan

A local government must, at least every 3 years, review each waste reduction and recycling plan having effect in its local government area.

127Amendment of plan

(1)A local government may adopt an amendment of a waste reduction and recycling plan having effect in its local government area if it considers the amendment to be appropriate, having regard to—

(a)changing waste reduction and recycling opportunities; and

(b)changing circumstances in which the plan operates; and

(c)other matters arising from a review of the plan as required under this part; and

(d)anything else the local government considers relevant.

(2)A local government may not adopt an amendment of a waste reduction and recycling plan having effect in 2 or more local government areas unless all the local governments adopt the amendment.

128Chief executive may prepare waste reduction and recycling plan

(1)This section applies if, in contravention of a local government’s waste reduction and recycling plan obligation, the local government does not have in place a waste reduction and recycling plan addressing an aspect of waste reduction and recycling relevant to the local government.

(2)The chief executive may prepare a waste reduction and recycling plan for the local government to address the aspect.

(3)Before preparing the plan, the chief executive must give notice to the local government stating the following—

(a)the chief executive’s intention to prepare the plan;

(b)the reasons why it is necessary for the plan to be prepared;

(c)that the local government may make a written submission to the chief executive about the chief executive’s intention to prepare the plan;

(d)that the submission must be received by the chief executive within 28 days after the local government receives the notice (the submission period).

(4)The local government’s written submission may include details of actions the local government intends to take to ensure it complies with its waste reduction and recycling plan obligation.

(5)If after the submission period ends, and the consideration of any submissions, the chief executive still proposes to prepare the plan, the chief executive must give the local government an information notice for the chief executive’s decision to prepare the plan.

(6)The chief executive must prepare and adopt the plan, to the greatest practicable extent, as if it were the local government.

Example—

The chief executive must consult on, and publicise, the plan to the same extent the local government would have been required to consult and publicise.

(7)The plan, as prepared and adopted by the chief executive, has effect as, and may be taken to be, a waste reduction and recycling plan prepared and adopted by the local government, and must be implemented by the local government in accordance with its terms.

(8)The local government must reimburse the chief executive for all costs, charges and expenses reasonably incurred by the chief executive in acting under this section.

(9)An amount owing under subsection (8) may be recovered by the chief executive from the local government as a debt payable by the local government to the State, and may at the chief executive’s discretion be retained from any amount otherwise payable by the State to the local government for any reason.

130Inspection and availability for purchase of plan

(1)A local government must ensure that—

(a)an up-to-date version of each waste reduction and recycling plan having effect in its local government area may be inspected free of charge during office hours at the local government’s public office; and

(b)a copy of the version may be obtained from the local government for no cost, or for a reasonable fee as decided by the local government; and

(c)the plan is otherwise made publicly available in a way the local government considers appropriate for its local government area.

(2)However, for a waste reduction and recycling plan adopted by 2 or more local governments, the local government must not charge a fee under subsection (1)(b) unless the same fee is charged by all the local governments that adopted the plan.

131Object of pt 3

The object of this part is to provide for the chief executive officer of each State entity to prepare, adopt and implement a plan for managing the entity’s waste in a way that best achieves the objects of this Act.

132What is a State entity and who is its chief executive officer

(1)Each of the following is a State entity—

(a)a department;

(b)an entity that—

(i)under the Public Service Act 2008, is a government entity but is not a government owned corporation; and

(ii)is prescribed under a regulation to be a State entity for this Act.

(2)The chief executive officer of a State entity is the person who is—

(a)if the entity is a department—the chief executive of the department; or

(b)otherwise—the person who is the chief executive officer of the entity, by whatever name known.

s 132 amd 2013 No. 6s 34

133State entity’s waste reduction and recycling plan obligation

(1)On and from the day prescribed under a regulation, the chief executive officer of a State entity has an obligation at all times to ensure that—

(a)all aspects of waste management for the entity are comprehensively addressed by a waste reduction and recycling plan for the entity; and

(b)the waste reduction and recycling plan has been adopted by the chief executive officer; and

(c)the waste reduction and recycling plan is being implemented in accordance with its terms.

(2)Without limiting subsection (1), the State entity’s waste reduction and recycling plan must include the following—

(a)waste reduction and recycling targets for waste generated by the State entity in carrying out its activities;

(b)actions to be taken to improve waste reduction and recycling of waste generated by the State entity in carrying out its activities;

(c)the management and monitoring of the State entity’s performance under the plan;

(d)information about achieving continuous improvement in waste management;

(e)other matters prescribed under a regulation about the requirements for a State entity’s waste reduction and recycling plan.

(3)If the State entity is a department (the first department), the chief executive of the first department may adopt, for the first department’s waste reduction and recycling plan, the waste reduction and recycling plan of another department if the other department’s plan sufficiently provides for the first department.

s 133 amd 2013 No. 6s 35

134Matters to be complied with in the preparation and adoption of a State entity’s waste reduction and recycling plan

(1)The chief executive officer of a State entity, in preparing or adopting a waste reduction and recycling plan for the entity, must have regard to—

(a)current and predicted information about the entity’s waste; and

(b)the waste and resource management hierarchy; and

(c)the waste and resource management principles; and

(d)how the goals and targets of the State’s waste management strategy will be achieved.

(2)Subsection (1) does not limit the matters the chief executive officer of the State entity may or ought to have regard to.

(3)A waste reduction and recycling plan for a State entity must provide for the plan to be in effect for a period (the implementation period for the plan) of at least 3 years.

(4)Subsection (3) does not stop a waste reduction and recycling plan being amended or replaced within the implementation period for the plan.

135Inspection and availability for purchase of plan

The chief executive officer of a State entity must ensure that—

(a)an up-to-date version of the State entity’s waste reduction and recycling plan is published on the entity’s website and may be inspected free of charge during office hours at an office of the entity nominated by the chief executive officer; and

(b)a copy of the version may be obtained from the State entity for no cost, or for a reasonable fee as decided by the chief executive officer.

136Review of plan

The chief executive officer of a State entity must, at least every 3 years, review the entity’s waste reduction and recycling plan.

137Amendment of plan

The chief executive officer of a State entity may adopt an amendment of the entity’s waste reduction and recycling plan if the chief executive officer considers the amendment to be appropriate, having regard to—

(a)changing waste reduction and recycling opportunities; and

(b)changing circumstances in which the plan operates; and

(c)other matters arising from a review of the plan as required under this part; and

(d)anything else the chief executive officer considers relevant.

138Object of pt 4

The object of this part is to provide for each entity that is a planning entity to implement a plan for managing the entity’s waste in a way that best achieves the objects of this Act.

139Identification of planning entity and of what is relevant waste for a planning entity

(1)An entity is a planning entity if—

(a)the chief executive has identified the entity as a planning entity; and

(b)the chief executive has given the entity an information notice for the decision to identify the entity as a planning entity; and

(c)any period for the internal or external review of the decision, including any period of appeal, has expired.

(2)Also, an entity is a planning entity if the entity is part of a sector of entities (a sector of planning entities) prescribed under a regulation.

(3)Despite subsection (2), the chief executive is not stopped from identifying an entity as a planning entity and giving it an information notice under subsection (1) on the basis that the entity is part of a sector of planning entities.

(4)The chief executive may identify an entity as a planning entity only on the basis of 1 or more of the following, having regard to the entity’s activities—

(a)the total waste generated by the entity in carrying on its activities is more than the threshold prescribed under a regulation;

(b)the entity is a planning entity under subsection (2);

(c)waste generated by the entity in carrying on its activities is or includes waste that is a priority product prescribed under a regulation as a priority product to which this paragraph applies;

(d)waste generated by the entity in carrying on its activities is or includes waste that is regulated waste prescribed under a regulation as regulated waste to which this paragraph applies.

(5)If an entity is identified as a planning entity on the basis of subsection (4)(a), all waste generated by the entity is relevant waste for the entity, regardless of whether the entity is also a planning entity on any other basis under this section.

(6)If subsection (5) does not apply to a planning entity, the following waste is relevant waste for the entity—

(a)if the entity is a planning entity on the basis of being part of a sector of planning entities—sector waste for the sector of planning entities;

(b)if the entity is identified as a planning entity on the basis of subsection (4)(c)—the priority product prescribed under subsection (4)(c);

(c)if the entity is identified as a planning entity on the basis of subsection (4)(d)—the regulated waste prescribed under subsection (4)(d).

(7)For subsection (6), it does not matter if particular waste generated by an entity is relevant waste for the entity under more than 1 paragraph of the subsection.

(8)An entity that, apart from this subsection, could be identified as a planning entity in relation to a priority product on the basis of subsection (4)(c), can not be identified as a planning entity in relation to the product if the entity—

(a)is a participant in an accredited product stewardship scheme or approved program applying to the product; and

(b)is meeting its obligations under the scheme or program in relation to the priority product.

(9)In this section—

sector waste, for a sector of planning entities, means waste of the type ordinarily generated by the sector of planning entities or as identified, in the regulation prescribing the sector of planning entities, as waste ordinarily generated by the sector.

140Notification of status as planning entity

(1)This section applies if, under this part, the chief executive gives an entity an information notice for the chief executive’s decision to identify the entity as a planning entity.

(2)Without limiting what the information notice may or must include, the information notice must additionally include the following information—

(a)that the entity must, under the planning entity’s waste reduction and recycling plan obligation, adopt and implement a waste reduction and recycling plan for the entity’s relevant waste;

(b)when the planning entity’s waste reduction and recycling plan obligation will start to apply to the entity.

141Planning entity’s waste reduction and recycling plan obligation

(1)A planning entity has an obligation at all times to ensure that—

(a)all aspects of waste reduction and recycling for the entity’s relevant waste are comprehensively addressed by a waste reduction and recycling plan for the entity; and

(b)the waste reduction and recycling plan has been adopted by the planning entity; and

(c)the waste reduction and recycling plan is being implemented in accordance with its terms.

(2)However, if a sector of planning entities has prepared a waste reduction and recycling plan for the sector, a planning entity, to the extent it is a planning entity because it is part of a sector of planning entities, may, in relation to the entity’s relevant waste that is also sector waste for the sector, adopt the sector’s plan as its own plan if—

(a)the sector’s plan complies with the requirements of this chapter for a waste reduction and recycling plan for a sector of planning entities; and

(b)the sector’s plan effectively includes the requirements for a waste reduction and recycling plan for the entity in relation to the entity’s relevant waste that is sector waste for the sector.

(3)A planning entity must comply with the obligation stated in subsection (1) unless it has a reasonable excuse.

Maximum penalty—100 penalty units.

(4)However, subsection (3) does not start to apply to a planning entity until the day prescribed under a regulation.

s 141 amd 2013 No. 6s 36

142Requirements for waste reduction and recycling plan

(1)This section states requirements for a waste reduction and recycling plan for a planning entity or sector of planning entities.

(2)The plan must have regard to—

(a)current and predicted information about waste; and

(b)the waste and resource management hierarchy; and

(c)the waste and resource management principles; and

(d)the State’s waste management strategy; and

(e)any other matters prescribed under a regulation about the requirements for a waste reduction and recycling plan.

(3)The plan must include the following information—

(a)the amounts and types of waste that is currently generated;

(b)how the waste is to be dealt with, including how and in what amounts the types of waste are to be dealt with under each of the precepts making up the waste and resource management hierarchy;

(c)goals to reduce waste generated;

(d)indicators or performance measures on which performance under the plan will be assessed;

(e)actions that will be taken to reduce waste generation and to improve recycling;

(f)any other matters prescribed under a regulation about requirements for a waste reduction and recycling plan.

(4)Subsection (2) does not limit the matters the plan may or ought to have regard to.

(5)The plan must provide for it to be in effect for a period (the implementation period for the plan) of at least 3 years.

(6)Subsection (5) does not stop the plan being amended or replaced within the implementation period.

(7)The plan must provide for its review at least every 3 years.

143Other matters that may be included in a waste reduction and recycling plan

(1)Without limiting what is or is not otherwise required under this division for a waste reduction and recycling plan, a waste reduction and recycling plan for a planning entity or sector of planning entities may include or otherwise provide for the following—

(a)a description of the activities carried out that generate waste;

(b)a description of the raw materials, energy and other materials used to carry out the activities mentioned in paragraph (a);

(c)the conduct of an audit of waste generated in any relevant facility to establish a baseline for future measurement;

(d)methods for monitoring waste generated at any relevant facility;

(e)risk management strategies that document contingency plans and emergency procedures in relation to regulated waste generated or stored, including, for example, in relation to the spillage of waste;

(f)a purchasing policy that incorporates measures to minimise waste generated at any relevant facility through the use of product substitution, product changes, procedural changes and the replacement of disposable items with re-usable items;

(g)strategies for promoting the plan at relevant facilities;

(h)a mechanism for staff of the planning entities to provide feedback about the plan;

(i)staff training programs about effective waste management;

(j)procedures for segregating waste;

(k)procedures for identifying and implementing opportunities to improve waste management practices;

(l)opportunities, and actions to be taken, in product design, production and packaging to reduce waste;

(m)details of any management systems to be used to deal with waste.

(2)In this section—

relevant facility means—

(a)for a waste reduction and recycling plan for a sector of planning entities—a facility of any planning entity adopting the plan; or

(b)for a waste reduction and recycling plan being adopted by a planning entity on a single entity basis—a facility of the planning entity.

144Additional requirements for a waste reduction and recycling plan for a sector of planning entities

(1)This section states additional requirements for a waste reduction and recycling plan for a sector of planning entities.

(2)The plan must—

(a)identify the planning entities adopting the plan; and

(b)explain how the planning entities are collectively to implement the plan; and

(c)describe the arrangements for the administration, funding and implementation of the plan, and identify who is responsible for administering and reporting on the plan; and

(d)include any other matters prescribed under a regulation.

145Amendment of waste reduction and recycling plan

(1)A planning entity or sector of planning entities may adopt an amendment of a waste reduction and recycling plan for the entity or sector if the entity or sector considers the amendment to be appropriate, having regard to—

(a)changing waste reduction and recycling opportunities; and

(b)changing circumstances in which the plan operates; and

(c)other matters arising from a review of the plan; and

(d)anything else the entity or sector considers relevant.

(2)A planning entity that has adopted the waste reduction and recycling plan of a sector of planning entities is taken to have adopted an amendment of the plan unless the terms of the adoption preclude automatic adoption of the amendment.

147Local government reporting

(1AA)This section does not start to apply to a local government until 2 months after the end of the first full financial year after the day prescribed for the local government under section 123(1).

(1)Within 2 months after the end of each financial year, a local government must give the chief executive a report about the operation, in the financial year, of all the local government’s waste reduction and recycling plans in force in its local government area.

(2)The report must be in the approved form and must otherwise comply with the requirements of this section.

(3)However, the local government is not required to include in the report any information that has already been supplied to the chief executive in a waste data return in relation to a waste disposal site operated by or for the local government.

(4)Without limiting what the approved form may require, the approved form may require the following—

(a)details of any recycling programs conducted or managed by or for the local government during the year, including—

(i)the amounts and types of waste collected and recycled, or collected and delivered to some other entity for recycling, under the programs; and

(ii)the names and addresses of the facilities used in the programs;

(b)details of local government waste services to households;

(c)amounts and types of waste delivered directly to waste facilities from individual households;

(d)the total amount of energy generated in the year from landfill gas;

(e)details of landfills operated by or for the local government during the year, including—

(i)the amounts and types of waste disposed of during the year to the landfills; and

(ii)the name, address, capacity and life expectancy of each landfill that started operation during the year; and

(iii)the name, address and capacity of each landfill that ceased operation during the year;

(f)the amounts and types of waste collected by or for the local government and disposed of to landfill at waste facilities other than those operated by or for the local government, and the addresses of the waste facilities.

(5)The matters mentioned in subsection (4) must be addressed in relation to waste generated within or outside the local government’s area.

(6)The report must also give details of the following—

(a)the types of waste generated by the local government in carrying out its activities;

(b)actions taken to reduce the amount of waste generated by the local government in carrying out its activities;

(c)actions taken to increase the use of recycled material by the local government;

(d)actions taken by the local government to improve the re-use and recycling of—

(i)waste generated by the local government; and

(ii)the types of waste generated in the local government area;

(e)the amount and types of waste that were the subject of offences against the general littering provision or the illegal dumping of waste provision and were collected by the local government;

(f)progress made by the local government, having regard to—

(i)performance indicators, however referred to, included in the local government’s waste reduction and recycling plans; and

(ii)any other performance indicators prescribed under a regulation for gauging performance under local government waste reduction and recycling plans;

(g)how the local government has contributed towards achieving the goals and targets under the State’s waste management strategy.

s 147 amd 2013 No. 6s 38

148State entity reporting

(1AA)This section does not start to apply to the chief executive officer of a State entity until 2 months after the end of the first full financial year after the day prescribed for the State entity under section 133(1).

(1)Within 2 months after the end of each financial year, the chief executive officer of a State entity must give the chief executive under this Act a report, in the approved form, about the operation, in the financial year, of the State entity’s waste reduction and recycling plan.

(2)The report must include details of the following—

(a)the types and amounts of waste generated, recycled or disposed of by the entity in carrying out its activities;

(b)any actions taken by the entity to reduce the amount of waste generated by the entity;

(c)actions taken by the entity to recover and re-use or recycle waste;

(d)actions taken by the entity to increase the use of recycled materials;

(e)progress made by the entity, having regard to—

(i)performance indicators, however referred to, included in the entity’s waste reduction and recycling plan; and

(ii)any other performance indicators prescribed under a regulation for gauging performance under State entity waste reduction and recycling plans;

(f)how the entity has contributed towards achieving the goals and targets under the State’s waste management strategy;

(g)the amount and types of waste that were the subject of littering or illegal dumping and were collected by the entity;

(h)any other matters prescribed under a regulation about requirements for reporting on State entity waste reduction and recycling plans.

s 148 amd 2013 No. 6s 39

149Planning entity reporting

(1)A planning entity must give the chief executive a report, in the approved form and otherwise in compliance with the requirements of this section, about the operation, in the period covered by the report, of any waste reduction and recycling plan adopted by the entity.

Maximum penalty—100 penalty units.

(2)A report under subsection (1) must be given—

(a)for the first report under this section—within 2 months after the end of the first full financial year after the day prescribed for the planning entity under section 141(4); and

(b)for subsequent reports, and unless another interval is provided for under a regulation—at intervals of not more than 3 years after the giving of the first report.

(3)The period covered by a report must be—

(a)for the first report—the first full financial year mentioned in subsection (2)(a); and

(b)for any subsequent report—the period since the last period covered by a report under this section.

(4)A report under subsection (1) must include details of the following—

(a)the types and amounts of waste generated, recycled or disposed of by the entity;

(b)any actions taken by the entity to reduce the amount of waste generated by the entity;

(c)actions taken by the entity to recover and re-use or recycle waste;

(d)actions taken by the entity to increase the use of recycled materials;

(e)progress made by the entity, having regard to performance indicators, however referred to, included in any waste reduction and recycling plan adopted by the entity;

(f)any other matters prescribed under a regulation about requirements for reporting on planning entity waste reduction and recycling plans.

s 149 amd 2013 No. 6s 40

150Identification of reporting entity

(1)An entity is a reporting entity if—

(a)the chief executive has identified the entity as a reporting entity; and

(b)the chief executive has given the entity an information notice for the decision to identify the entity as a reporting entity; and

(c)any period for the internal or external review of the decision, including any period of appeal, has expired.

(2)Also, an entity is a reporting entity if the entity—

(a)receives, sorts, recycles, treats or disposes of waste above a threshold prescribed under a regulation; and

(b)is part of a sector of entities (a sector of reporting entities) prescribed under a regulation.

(3)Despite subsection (2), the chief executive is not stopped from identifying an entity as a reporting entity and giving it an information notice under subsection (1) on the basis that the entity is part of a sector of reporting entities.

(4)The chief executive may identify an entity as a reporting entity only on the basis of 1 or more of the following, having regard to the entity’s activities—

(a)the entity receives, sorts, recycles, treats or disposes of waste above a threshold prescribed under a regulation;

(b)the entity is a reporting entity under subsection (2).

(5)A regulation for this section may prescribe different thresholds for—

(a)different entities; or

(b)different types of waste; or

(c)entities in different locations in the State.

s 150 amd 2013 No. 6s 41

151Notification of status as reporting entity

(1)This section applies if, under this part, the chief executive gives an entity an information notice for the chief executive’s decision to identify the entity as a reporting entity.

(2)Without limiting what the information notice may include, the information notice must include the following information—

(a)that the entity must, under the reporting entity obligation, within 2 months after the end of each financial year, give the chief executive a report about the entity’s receiving, sorting, recycling, treatment or disposal of waste;

(b)when the reporting entity obligation will start to apply to the entity.

152Reporting entity obligation

(1)A reporting entity has an obligation to give the chief executive, within 2 months after the end of each financial year, a report in the approved form and in compliance with the requirements under this division, about the entity’s receiving, sorting, recycling, treatment or disposal of waste in the financial year.

(2)A reporting entity that has an obligation under subsection (1) must comply with the obligation unless it has a reasonable excuse.

Maximum penalty—100 penalty units.

153Requirements for report

(1)A report given by a reporting entity under this division must include details of the following—

(a)the types and amounts of waste received, sorted, recycled, treated or disposed of by the entity;

(b)the types and amounts of waste received from local government sources, and the types and amounts of waste received from other sources;

(c)the types and amounts of each of the following—

(i)waste recycled by the entity;

(ii)waste sent to other recyclers in Queensland;

(iii)waste sent to other recyclers in Australia other than in Queensland;

(iv)waste sent to other recyclers outside Australia;

(d)any other matters prescribed under a regulation about requirements for reporting on waste recovery and disposal.

(2)However, the report is not required to include any information that has already been supplied to the chief executive in a waste data return in relation to a waste disposal site.

s 153 amd 2013 No. 6s 42

154Annual report on waste disposal and recycling

(1)The chief executive must, by 31 December in each year, prepare and make publicly available a report that summarises the amounts of waste and recycling reported in the most recently completed financial year.

(2)In preparing the report, the chief executive must have regard to information in reports given to the chief executive under parts 1 and 2.

(3)The report must include the following information and, if appropriate, an evaluation of the information—

(a)the amounts and types of waste reported as being recycled by local governments;

(b)the amounts and types of waste reported as being recycled by reporting entities;

(c)the amounts and types of waste reported as being disposed of by local governments;

(d)the amounts and types of waste reported as being disposed of by reporting entities;

(e)the amounts and types of waste reported as being the subject of littering or illegal dumping;

(f)the number of product stewardship schemes in effect under this Act;

(g)the number of local governments that have adopted a waste reduction and recycling plan and have reported on the plan;

(h)the number of State entities that have adopted a waste reduction and recycling plan and have reported on the plan;

(i)the number of planning entities that have adopted waste reduction and recycling plans, other than by adopting the waste reduction and recycling plan of a sector of reporting entities;

(j)the number of waste reduction and recycling plans that are in place for sectors of reporting entities.

ch hdg sub 2014 No. 59 s 167

ch 8 pt 4 hdg om 2014 No. 59 s 167

ch 8 pt 5 hdg om 2014 No. 59 s 167

ch 8 pt 6 hdg om 2014 No. 59 s 167

ch 8 pt 6 div 1 hdg om 2014 No. 59 s 167

ch 8 pt 6 div 2 hdg om 2014 No. 59 s 167

ch 8 pt 7 hdg om 2014 No. 59 s 167

pt hdg sub 2014 No. 59 s 167

155Purpose of chapter

(1)The purpose of this chapter is to provide for the process by which the chief executive decides when and how waste stops being waste and becomes a resource.

(2)Waste stops being a waste and becomes a resource when, in accordance with an end of waste code or end of waste approval, it stops being waste and becomes a resource.

(3)A person is a resource user while the person uses a resource in a way, or for a purpose, that complies with an end of waste code or end of waste approval.

(4)If a person stops using a resource in a way, or for a purpose, that complies with an end of waste code or end of waste approval—

(a)the person stops being a resource user; and

(b)the resource stops being a resource and becomes waste.

s 155 sub 2014 No. 59 s 167

amd 2017 No. 31 s 6

156Definitions for ch 8

In this chapter—

amend, an end of waste approval, includes—

(a)amending or removing a condition imposed on the approval; and

(b)imposing a new condition on the approval; and

(c)amending the period of the approval.

end of waste approval see section 159(2).

end of waste code see section 159(1).

material environmental harm see the Environmental Protection Act, section 16.

registered resource producer means a person who is registered for an end of waste code under section 173B.

resource see section 155.

resource user see section 155(3).

def resource user ins 2017 No. 31 s 7

serious environmental harm see the Environmental Protection Act, section 17.

technical advisory panel see section 173G.

s 156 sub 2014 No. 59 s 167

157Effect of operating under end of waste code if unregistered

(1)This section applies if—

(a)a person, under an end of waste code, produces a resource and uses, sells or gives away the resource; and

(b)the person is not a registered resource producer for the code.

(2)The resource is taken to be waste until the person becomes a registered resource producer for the code.

s 157 sub 2014 No. 59 s 167

amd 2017 No. 31 s 8

158Compliance with end of waste code

(1)A registered resource producer for an end of waste code for a resource must not do any of the following unless the producer complies with the requirements of the code—

(a)produce the resource;

(b)use, sell or give away the resource.

Maximum penalty—1,665 penalty units.

(2)A person, other than a registered resource producer, must not use a resource in a way, or for a purpose, that does not comply with an end of waste code for the resource.

Maximum penalty—1,665 penalty units.

s 158 sub 2014 No. 59 s 167; 2017 No. 31 s 9

159Chief executive may make end of waste codes and grant end of waste approvals

(1)The chief executive may make a code (an end of waste code) that states—

(a)for registered resource producers—when a particular waste stops being a waste and becomes a resource; or

(b)for resource users—conditions about using a resource, including, for example, conditions about how, and the purposes for which, a resource may be used.

(2)The chief executive may grant an approval (an end of waste approval) to a person that states—

(a)when a particular waste stops being a waste and becomes a resource; or

(b)conditions about using a resource, including, for example, conditions about how, and the purposes for which, a resource may be used.

s 159 sub 2014 No. 59 s 167; 2017 No. 31 s 9

pt hdg sub 2014 No. 59 s 167

div hdg ins 2014 No. 59 s 167

159A Chief executive’s decision to make end of waste code

The chief executive may decide to make a draft end of waste code for a particular waste—

(a)on the chief executive’s own initiative; or

(b)after inviting submissions under section 160.

s 159A ins 2017 No. 31 s 10

159B Schedule of proposed end of waste codes

(1)The chief executive must keep an up-to-date schedule of draft end of waste codes the chief executive has decided to prepare.

(2)Without limiting subsection (1), the chief executive must update the schedule after considering submissions under section 161 and deciding whether or not to make a draft end of waste code for a particular waste.

(3)The schedule must state—

(a)the following for each proposed draft end of waste code included in the schedule—

(i)the particular waste to be the subject of the draft code;

(ii)the proposed use of a resource under the draft code;

(iii)when the process for making the draft code will start and end;

(iv)whether a technical advisory panel will be established to prepare the draft code and, if so, when the panel will be required to give the draft code to the chief executive;

(v)that a person may register the person’s interest in being consulted when the draft code is being prepared; and

(b)other information prescribed by regulation.

(4)The chief executive must publish the schedule—

(a)on the department’s website; and

(b)in any other way the chief executive considers appropriate.

s 159B ins 2017 No. 31 s 10

160Public notice inviting submissions about potential end of waste codes

(1)The chief executive must, by notice given at least once every year, invite the public to make a submission about whether there is any particular waste for which an end of waste code should be prepared.

(2)The notice must—

(a)state—

(i)that a person may make a submission to the chief executive about any particular waste for which an end of waste code should be prepared; and

(ii)the period, of at least 28 days, (the submission period) during which the submissions may be made; and

(iii)how to make a submission; and

(b)be published on the department’s website.

(3)A submission made under this section must be in the approved form.

s 160 amd 2012 No. 16s 78 sch

sub 2014 No. 59 s 167

amd 2017 No. 31 s 11

161Consideration of submissions

The chief executive must consider all submissions made during the submission period before deciding whether or not to make a draft end of waste code for a particular waste.

s 161 sub 2014 No. 59 s 167

amd 2017 No. 31 s 12

162Preparation of end of waste code

(1)Subsection (2) applies if the chief executive decides to prepare a draft end of waste code (the draft code).

(2)The chief executive may establish a technical advisory panel under section 173G to prepare the draft code.

(3)If the chief executive establishes a technical advisory panel to prepare the draft code—

(a)the chief executive may require the panel to include particular requirements in the draft code; and

(b)the panel must prepare and give the chief executive the draft code by the day stated in the schedule.

(4)However, the technical advisory panel may, after having regard to the matters mentioned in section 163(1) but within 2 months of being established, recommend to the chief executive that the draft code should not be prepared.

(5)The technical advisory panel’s recommendation under subsection (4) must be given to the chief executive in writing and include the panel’s reasons for the recommendation.

(6)If the chief executive does not establish a technical advisory panel to prepare the draft code, the chief executive must prepare the draft code by the day stated in the schedule.

(7)In this section—

schedule means the schedule published under section 159B.

s 162 sub 2014 No. 59 s 167

amd 2017 No. 31 s 13

163Matters to be considered in preparing end of waste code

(1)In preparing a draft end of waste code, the chief executive or a technical advisory panel must have regard to the following matters—

(a)the objects of this Act;

(b)the proposed use of a particular resource under the proposed end of waste code;

(c)whether the proposed use of a particular resource may, or is likely to, cause any serious environmental harm or material environmental harm;

(d)the waste and resource management hierarchy;

(e)any other matter prescribed by regulation.

(2)This section does not limit the matters the chief executive or a technical advisory panel may consider in preparing a draft end of waste code.

s 163 sub 2014 No. 59 s 167

164End of waste code prepared by technical advisory panel

(1)This section applies if a technical advisory panel prepares a draft end of waste code (the draft code).

(2)Subsection (3) applies if the chief executive is satisfied a technical advisory panel has not—

(a)had regard to a matter mentioned in section 163; or

(b)included a requirement in the draft code that the chief executive required the panel to include in the draft code.

(3)The chief executive may—

(a)ask the technical advisory panel to amend the draft code; or

(b)refuse to accept the draft code.

(4)The chief executive may amend the draft code before publishing it under section 166.

s 164 sub 2014 No. 59 s 167

div hdg ins 2014 No. 59 s 167

165Publication of draft end of waste code

(1)Before the chief executive decides to make an end of waste code, the chief executive must publish the following on the department’s website—

(a)a copy of the draft end of waste code; and

(b)a notice stating—

(i)that a person may make a submission to the chief executive about the draft end of waste code; and

(ii)the period, of at least 28 days (the consultation period), during which the submission may be made; and

(iii)how to make a submission; and

(iv)another matter prescribed by regulation.

(2)The chief executive must ensure the draft end of waste code and notice continue to be available from the department’s website throughout the consultation period.

(3)The chief executive must consider all submissions made under subsection (1) before deciding whether or not to make the end of waste code.

s 165 sub 2014 No. 59 s 167

amd 2017 No. 31 s 14

166Notice of making end of waste code

(1)If the chief executive decides to make an end of waste code, the chief executive must notify the making of an end of waste code by gazette notice.

(2)The gazette notice must state—

(a)the name of the end of waste code; and

(b)the date the end of waste code was made; and

(c)where a copy of the end of waste code may be inspected.

(3)The end of waste code takes effect on the later of the following—

(a)the day the gazette notice is published;

(b)the day stated in the gazette notice for that purpose;

(c)the day stated in the end of waste code for that purpose.

s 166 sub 2014 No. 59 s 167

div hdg ins 2014 No. 59 s 167

167Amendment of end of waste code

The chief executive may, on the chief executive’s own initiative, amend an end of waste code.

s 167 amd 2013 No. 51s 229sch 1

sub 2014 No. 59 s 167

168Application for amendment of end of waste code

A person may apply to the chief executive to amend an end of waste code.

Note—

See chapter 8A, part 2 for general provisions that apply to the application.

s 168 sub 2014 No. 59 s 167; 2017 No. 31 s 15

171Cancellation or suspension of end of waste code

The chief executive may cancel or suspend an end of waste code if the chief executive is satisfied—

(a)there is no longer a use for a particular resource under the code; or

(b)the end of waste code was made on the basis of a miscalculation of—

(i)the characteristics of the resource; and

(ii)the potential of the resource to cause serious environmental harm, or material environmental harm, because of those characteristics; or

(c)the use of particular waste or a particular resource is unlawful; or

(d)it is necessary or desirable to do so having regard to the objects of the Act.

s 171 sub 2014 No. 59 s 167

172Procedure for amending, cancelling or suspending end of waste code

(1)This section applies if the chief executive proposes—

(a)to amend an end of waste code; or

(b)to cancel or suspend an end of waste code.

(2)The chief executive must—

(a)give notice of the proposed action to each registered resource producer for the end of waste code; and

(b)publish a notice of the proposed action—

(i)on the department’s website; and

(ii)in any other way the chief executive considers appropriate.

(3)A notice under subsection (2) must state the following—

(a)the action the chief executive proposes to take;

(b)if the proposed action is an amendment of an end of waste code—the proposed amendment;

(c)if the proposed action is suspension—the proposed period of the suspension;

(d)the reasons for the proposed action;

(e)the facts and circumstances that form the basis for the reasons;

(f)for a notice given to a registered resource producer—that the registered resource producer may, within a stated period, make a written submission to the chief executive about the proposed action;

(g)for a notice published under subsection (2)(b)—that any person may, within a stated period, make a written submission to the chief executive about the proposed action.

(4)The stated period must not end before 28 days after whichever of the following happens last—

(a)the day the notice is given to the registered resource producer under subsection (2)(a);

(b)the day the notice is published under subsection (2)(b).

(5)The chief executive may decide whether or not to take the proposed action after considering—

(a)all submissions made under subsection (3) within the stated period; and

(b)if the proposed action is an amendment of an end of waste code—

(i)the effect of the amendment on the use of a particular resource; and

(ii)whether the effect of the amendment on the use of a particular resource is likely to cause any serious environmental harm or material environmental harm; and

(iii)the waste and resource management hierarchy; and

(iv)any advice, information or comment provided by any technical advisory panel; and

(c)another matter prescribed by regulation.

(6)Within 10 business days after making a decision, the chief executive must give each registered resource producer for the end of waste code—

(a)if the decision is to take the proposed action—an information notice for the decision; or

(b)if the decision is not to take the proposed action—a notice stating the decision.

(7)A decision to take the proposed action takes effect for a registered resource producer on the later of the following days—

(a)the day the information notice is given to the registered resource producer;

(b)a later day stated in the information notice for that purpose.

s 172 sub 2014 No. 59 s 167

amd 2017 No. 31 s 17

173Publication and notification of amended end of waste code

(1)This section applies if the chief executive amends an end of waste code under section 172.

(2)The chief executive must—

(a)publish a copy of the amended end of waste code—

(i)on the department’s website; and

(ii)in any other way the chief executive considers appropriate; and

(b)notify the amendment of the end of waste code by gazette notice.

(3)The gazette notice must state—

(a)the name of the end of waste code; and

(b)the date the end of waste code was amended; and

(c)where a copy of the amended end of waste code may be inspected.

(4)The amended end of waste code takes effect on the later of the following—

(a)the day the gazette notice is published;

(b)the day stated in the gazette notice;

(c)the day stated in the amended end of waste code.

s 173 sub 2014 No. 59 s 167; 2017 No. 31 s 18

173AMinor amendment of end of waste code

(1)The chief executive may make a minor amendment of an end of waste code by publishing a notice of the amendment—

(a)on the department’s website; and

(b)in any other way the chief executive considers appropriate.

(2)The chief executive may make the minor amendment to the end of waste code—

(a)on the chief executive’s own initiative; or

(b)on an application made under section 168 for a minor amendment of an end of waste code.

(3)This section applies despite section 172.

(4)In this section—

minor amendment, of an end of waste code, means an amendment of the code—

(a)to correct a minor or formal error in the code; or

(b)to make another change that is not a change of substance and does not adversely affect the interests of a registered resource producer or a person who is likely to receive a resource from the registered resource producer.

s 173A ins 2014 No. 59 s 167

div hdg ins 2014 No. 59 s 167

173BRegistration of end of waste resource producers

(1)A person becomes a registered resource producer for an end of waste code by giving the chief executive a notice that the person intends to become a registered resource producer for the code.

(2)The notice must—

(a)be in the approved form; and

(b)include the information prescribed by regulation; and

(c)be accompanied by the fee prescribed by regulation.

(3)A person stops being a registered resource producer for an end of waste code by giving the chief executive a notice in the approved form.

s 173B ins 2014 No. 59 s 167

amd 2017 No. 31 s 19

173CCancellation or suspension of registration

(1)The chief executive may cancel or suspend a registered resource producer’s registration if the chief executive reasonably believes the registered resource producer has failed to comply with a requirement of an end of waste code.

(2)The chief executive may act under subsection (1) regardless of whether the chief executive has given the registered resource producer a show cause notice under chapter 11.

s 173C ins 2014 No. 59 s 167

173DProcedure for cancelling or suspending registration

(1)Before cancelling or suspending a registered resource producer’s registration under section 173C, the chief executive must give the person a notice stating the following—

(a)the action the chief executive proposes to take;

(b)if the proposed action is suspension—the period of the suspension;

(c)the reasons for the proposed action;

(d)the facts and circumstances that form the basis for the reasons;

(e)that the person may, within a stated period, make a written submission to the chief executive about why the proposed action should not be taken.

(2)For subsection (1)(e), the stated period must not end less than 28 days after the registered resource producer is given the notice.

(3)The chief executive must consider any submissions made under subsection (1).

(4)Within 5 business days after deciding whether or not to take the proposed action, the chief executive must give the registered resource producer—

(a)if the decision is to take the proposed action—an information notice for the decision; or

(b)if the decision is not to take the proposed action—a notice stating the decision.

(5)A decision to take the proposed action takes effect the day the information notice is given to the registered resource producer.

s 173D ins 2014 No. 59 s 167

amd 2017 No. 31 s 20

173EParticular circumstances when end of waste approval lapses

(1)This section applies if the holder of an end of waste approval relating to a particular waste becomes a registered resource producer for an end of waste code for the same waste.

(2)The person’s end of waste approval lapses.

s 173E ins 2014 No. 59 s 167

amd 2017 No. 31 s 21

173FRegister of registered resource producers

(1)The chief executive must maintain a register of registered resource producers for each end of waste code.

(2)The register may be kept in electronic form.

(3)The chief executive may publish information from the register in a way the chief executive considers appropriate.

(4)However, the chief executive must not publish confidential information included in the register.

(5)In this section—

confidential information—

(a)means information that—

(i)could identify an individual; or

(ii)is about a person’s current financial position or financial background; or

(iii)would be likely to damage the commercial activities of a person to whom the information relates; but

(b)does not include—

(i)information that is publicly available; or

(ii)statistical or other information that could not reasonably be expected to identify an individual to whom it relates.

s 173F ins 2014 No. 59 s 167

amd 2017 No. 31 s 22

div hdg ins 2014 No. 59 s 167

173GTechnical advisory panels

(1)The chief executive may establish a panel (a technical advisory panel)—

(a)to—

(i)consider matters relating to the development of a draft end of waste code; and

(ii)if necessary, prepare a draft end of waste code; or

(b)to consider and provide advice, information or comment about—

(i)a draft end of waste code prepared by the chief executive; or

(ii)an amendment of an end of waste code.

(2)A regulation may prescribe matters for a technical advisory panel, including, but not limited to, the following matters—

(a)the terms of reference for the panel;

(b)the appointment of members of the panel;

(c)the composition of the panel membership;

(d)the resignation of members of the panel;

(e)the disclosure of interests of members of the panel;

(f)the termination of appointment of members of the panel.

s 173G ins 2014 No. 59 s 167

173HChief executive may seek advice, comment or information about pt 2

(1)The chief executive may ask any entity for advice, comment or information about the operation of this part, including, for example, the operation of an end of waste code.

(2)There is no particular way advice, comment or information must be asked for and received and the request may be by public notice.

s 173H ins 2014 No. 59 s 167

pt hdg sub 2014 No. 59 s 167; 2017 No. 31 s 23

pt 3 div 1 hdg sub 2014 No. 59 s 167

om 2017 No. 31 s 23

pt 3 div 2 hdg sub 2014 No. 59 s 167

om 2017 No. 31 s 23

pt 3 div 3 hdg ins 2014 No. 59 s 167

om 2017 No. 31 s 23

pt 3 div 4 hdg ins 2014 No. 59 s 167

om 2017 No. 31 s 23

pt 3 div 5 hdg ins 2014 No. 59 s 167

om 2017 No. 31 s 23

173I Application

(1)A person may apply to the chief executive for an end of waste approval to conduct a trial for 1 kind of waste to demonstrate whether or not the waste is suitable to be used as a resource.

Note—

See chapter 8A for general provisions that apply to the application and to an end of waste approval.

(2)The application must be accompanied by a written report about the application, in the approved form, prepared by a suitably qualified person.

(3)A regulation may prescribe matters about preparing a written report.

(4)In this section—

suitably qualified person, in relation to a written report, means a person who—

(a)has the qualifications and experience appropriate for preparing the report; and

(b)meets any other criteria prescribed by regulation.

s 173I ins 2014 No. 59 s 167

sub 2017 No. 31 s 23

173J Particular matters for making decision

(1)In deciding whether to grant the end of waste approval, the chief executive must consider whether—

(a)the proposed management of the particular waste or the use of a particular resource is likely to cause any serious environmental harm, material environmental harm or environmental nuisance; and

(b)it is reasonably practicable for an end of waste code to be made for the particular waste the subject of the application.

Note—

See section 173V for the general criteria that apply for deciding the application.

(2)The period for deciding the application is 40 business days and the period may be extended for 20 business days.

(3)If the chief executive decides to grant the end of waste approval, the notice given to the applicant under section 173W must state the particular waste to which the approval relates.

s 173J ins 2014 No. 59 s 167

sub 2017 No. 31 s 23

173K Conditions of end of waste approval

(1)A condition imposed on an end of waste approval under section 173X may impose an obligation on—

(a)the holder of the approval; or

(b)a resource user of a resource under the approval.

(2)The holder of, or a resource user or other person acting under, an end of waste approval must comply with the conditions of the approval.

Maximum penalty—1,665 penalty units.

Note for subsection (2)—

If a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 268, to have also committed the offence.

s 173K ins 2014 No. 59 s 167

sub 2017 No. 31 s 23

173L Extending end of waste approval

(1)The holder of an end of waste approval may apply to the chief executive, on 1 occasion, to extend the approval.

Note—

See chapter 8A, part 2 for general provisions that apply to the application.

(2)The application must be made at least 2 months before the end of waste approval expires.

(3)In deciding the application, the chief executive must consider—

(a)the matters mentioned in section 173J(1); and

(b)whether the waste and resource to which the approval relates would be more appropriately managed as a waste management ERA.

Note—

See section 173V for the general criteria that apply for deciding the application.

s 173L ins 2014 No. 59 s 167

sub 2017 No. 31 s 23

173M Applying to amend end of waste approval

(1)The holder of an end of waste approval may apply to the chief executive to amend the approval (an amendment application).

Note—

See chapter 8A, part 2 for general provisions that apply to the application.

(2)The application must be accompanied by a written report about the application, in the approved form, prepared by a suitably qualified person.

(3)A regulation may prescribe matters about preparing a written report.

(4)The period for deciding the application is—

(a)if the application is for a minor amendment of the approval—10 business days; or

(b)otherwise—40 business days.

(5)In this section—

environmental harm see the Environmental Protection Act, section 14.

minor amendment, of an approval, means an amendment of the approval—

(a)to correct a minor or formal error in the approval; or

(b)to make a change that is not a change of substance and does not—

(i)relate to the characteristics of the resource, including, for example, the physical, chemical or biological properties of the resource; or

(ii)relate to the use of the resource; or

(iii)significantly increase any environmental harm caused by the use of the resource; or

(iv)adversely affect the interests of the holder of the approval or another person; or

(c)of a type prescribed by regulation.

suitably qualified person, in relation to a written report, means a person who—

(a)has the qualifications and experience appropriate for preparing the report; and

(b)meets any other criteria prescribed by regulation.

s 173M ins 2014 No. 59 s 167

sub 2017 No. 31 s 23

173N Deciding amendment application

(1)This section applies if the chief executive is deciding whether or not to amend an end of waste approval—

(a)on an application made under section 173M; or

(b)after giving the holder of the approval a show cause notice about a proposed amendment to the approval under section 173ZB.

(2)In deciding the application, the chief executive must consider—

(a)the effect of the amendment on the management of the particular waste or the use of a particular resource; and

(b)whether the effect of the amendment on the management of a particular waste or the use of a particular resource may, or is likely to, cause any serious environmental harm, material environmental harm or environmental nuisance; and

(c)any relevant advice, information or comment provided by a technical advisory panel.

s 173N ins 2014 No. 59 s 167

sub 2017 No. 31 s 23

173O Applying to transfer end of waste approval

(1)The holder of an end of waste approval may apply to the chief executive to transfer the approval to another person.

Note—

See chapter 8A, part 2 for general provisions that apply to the application.

(2)The application must be accompanied by the signed consent of the proposed transferee.

(3)The period for deciding the application is 10 business days.

(4)If the chief executive decides to grant the application, the chief executive must, in addition to the notice under section 173W, give a notice about the decision to the proposed transferee within 5 business days after making the decision.

s 173O ins 2014 No. 59 s 167

sub 2017 No. 31 s 23

173P Grounds for suspending or cancelling end of waste approval

(1)Each of the following is a ground for suspending or cancelling an end of waste approval—

(a)there is no longer a use, or likely to be a future use, for a particular resource under the approval;

(b)the management of a particular waste or the use of a particular resource under the approval has caused, or is likely to cause, serious environmental harm, material environmental harm or environmental nuisance that is unlawful under the Environmental Protection Act, section 493A;

(c)the use of the particular waste or a resource the subject of the approval is otherwise unlawful.

(2)Also, it is a ground for cancelling an end of waste approval that—

(a)an end of waste code for a particular resource to which the end of waste approval relates is in effect; and

(b)the chief executive reasonably believes the holder of the end of waste approval may operate under the end of waste code.

s 173P ins 2014 No. 59 s 167

sub 2017 No. 31 s 23

173Q Chief executive may seek advice, comment or information

The chief executive may ask any entity for advice, comment or information about the operation of this part at any time.

s 173Q ins 2014 No. 59 s 167

sub 2017 No. 31 s 23

ch hdg ins 2017 No. 31 s 24

pt hdg ins 2017 No. 31 s 24

173R Application of chapter

(1)This chapter applies to the following approvals (each an approval) under this Act—

(a)a container approval under chapter 4, part 3B, division 5;

(b)an extraordinary circumstances exemption;

(c)an end of waste approval under chapter 8, part 3.

(2)In particular, part 2 applies to making and deciding applications for an approval to be granted, amended, extended or transferred.

(3)This chapter does not limit or otherwise affect a requirement under another provision of this Act about a particular approval or making or deciding a particular application.

s 173R ins 2014 No. 59 s 167

sub 2017 No. 31 ss 23–24

pt hdg ins 2017 No. 31 s 24

173S Application

An application must be—

(a)in the approved form; and

(b)accompanied by any other information or documents prescribed by regulation for the application; and

(c)accompanied by the fee prescribed by regulation.

s 173S ins 2014 No. 59 s 167

sub 2017 No. 31 ss 23–24

173T Chief executive may require additional information or documents

(1)The chief executive may, by notice, require the applicant to give the chief executive further information or documents the chief executive reasonably requires to decide the application.

(2)The notice must—

(a)be given to the applicant within 20 business days after the chief executive receives the application; and

(b)state a reasonable period within which the applicant must comply with the notice.

(3)The chief executive and the applicant may, before the stated period ends, agree to extend the period.

(4)The application is taken to have lapsed if the applicant does not comply with the notice.

s 173T ins 2014 No. 59 s 167

sub 2017 No. 31 ss 23–24

173U Deciding application

(1)The chief executive must decide to grant or refuse to grant the application within the required decision-making period for the application.

(2)However, the chief executive may extend, on 1 occasion, the required decision-making period for deciding the application by giving the applicant a notice about the extension before the end of the period.

(3)The extension must not be more than—

(a)if another provision of this Act states a period by which the required decision-making period may be extended—the stated period; or

(b)otherwise—10 business days.

(4)A failure to make a decision under this section is taken to be a decision to refuse to grant the application.

(5)In this section—

required decision-making period, for an application, means the period—

(a)that starts on the later of the following days—

(i)the day the chief executive receives the application;

(ii)if further information or documents are requested under section 173T—the day the chief executive receives the information or documents; and

(b)that ends after either of the following periods—

(i)if another provision of this Act states a period for deciding the application—the stated period;

(ii)otherwise—20 business days.

s 173U ins 2014 No. 59 s 167

sub 2017 No. 31 ss 23–24

173V General criteria for deciding application

(1)In deciding the application, the chief executive must consider the following—

(a)the objects of this Act and how they are to be achieved, as stated in chapter 1, part 2;

(b)the waste and resource management hierarchy;

(c)a matter for the decision stated in another provision of this Act;

(d)another matter prescribed by regulation for the decision.

(2)This section does not limit the matters the chief executive may consider in making the decision.

s 173V ins 2014 No. 59 s 167

sub 2017 No. 31 ss 23–24

173W Granting application

(1)If the chief executive decides to grant the application, the chief executive must give the applicant a notice about the decision within 5 business days after making the decision.

(2)If the decision is to grant an approval, the notice must state the following—

(a)that the approval has been granted;

(b)the person to whom the approval is granted;

(c)if the approval is granted for a term—when the approval ends;

(d)a matter stated in another provision of this Act for the notice;

(e)any conditions imposed on the approval;

(f)if conditions are imposed on the approval—the reasons for the conditions.

(3)If the decision is to amend an approval, the notice must state the following—

(a)how the approval is amended;

(b)any new conditions imposed on the approval;

(c)any existing conditions amended for the approval;

(d)when the amendment takes effect.

(4)If the chief executive imposes or amends any conditions on the approval, the notice must also be an information notice for the decision to impose the conditions.

s 173W ins 2014 No. 59 s 167

sub 2017 No. 31 ss 23–24

173X Conditions of approval

If the chief executive decides to grant or amend an approval, the chief executive may impose the conditions on the approval the chief executive considers necessary or desirable.

s 173X ins 2014 No. 59 s 167

sub 2017 No. 31 ss 23–24

173Y Refusal of application

If the chief executive decides to refuse to grant the application, the chief executive must, within 10 business days of making the decision, give the applicant an information notice for the decision.

s 173Y ins 2014 No. 59 s 167

sub 2017 No. 31 ss 23–24

pt hdg ins 2017 No. 31 s 24

173Z Amendment of approval

The chief executive may, on the chief executive’s own initiative, amend an approval.

s 173Z ins 2014 No. 59 s 167

sub 2017 No. 31 ss 23–24

173ZA Suspension or cancellation of approval

The chief executive may suspend or cancel an approval if the chief executive is satisfied—

(a)a ground for suspending or cancelling the approval stated in another provision of this Act exists; or

(b)the approval was granted because of a materially false or misleading representation or declaration; or

(c)the approval was granted on the basis of particular matters or information that have changed and the change is likely to cause serious environmental harm, material environmental harm or environmental nuisance; or

(d)a condition imposed on the approval has not been complied with; or

(e)a request for information about the approval under section 173ZF has not been complied with; or

(f)it is necessary or desirable to do so having regard to the objects of the Act.

s 173ZA ins 2014 No. 59 s 167

sub 2017 No. 31 ss 23–24

173ZB Show cause notice

(1)This section applies if the chief executive proposes to—

(a)amend an approval (the proposed action); or

(b)suspend or cancel an approval (also the proposed action).

(2)The chief executive must give a notice (a show cause notice) about the proposed action to the holder of the approval.

(3)The show cause notice must state the following—

(a)the proposed action;

(b)if the proposed action is an amendment—the proposed amendment;

(c)if the proposed action is suspension—the proposed period of the suspension;

(d)the grounds for the proposed action;

(e)the facts and circumstances that form the basis for the grounds;

(f)that the holder may, within a stated period (the show cause period), make a written submission to the chief executive about why the proposed action should not be taken.

(4)The show cause period must end at least 28 days after the holder of the approval is given the show cause notice.

s 173ZB ins 2014 No. 59 s 167

sub 2017 No. 31 ss 23–24

173ZC Decision about proposed amendment, suspension or cancellation

(1)Within 20 business days after the end of the period for making submissions stated in the show cause notice, the chief executive must decide whether or not to take the proposed action.

(2)The chief executive may decide—

(a)if the proposed action was to make a stated amendment—to make the stated amendment; or

(b)if the proposed action was to suspend the appointment for a stated period—to suspend the appointment for no longer than the stated period; or

(c)if the proposed action was to cancel the appointment—to suspend the appointment for a period or cancel the appointment.

(3)However, the chief executive may extend, on 1 occasion and by no more than 20 business days, the period for making a decision by giving a notice about the extension to the applicant before the end of the period.

(4)In deciding whether or not to take the proposed action, the chief executive must consider the following—

(a)all submissions made by the holder of the approval during the show cause period;

(b)if the proposed action is an amendment—the effect of the proposed amendment;

(c)the objects of this Act and how they are to be achieved, as stated in chapter 1, part 2;

(d)the waste and resource management hierarchy;

(e)another matter prescribed by regulation.

(5)If the chief executive decides to take the proposed action, the chief executive must, within 10 business days after making the decision, give the holder of the approval an information notice for the decision.

(6)The decision to take the proposed action takes effect on the later of the following days—

(a)the day the information notice is given to the holder of the approval;

(b)a day stated in the information notice.

(7)If the chief executive decides not to take the proposed action, the chief executive must give the holder of the approval a notice about the decision within 5 business days after making the decision.

s 173ZC ins 2014 No. 59 s 167

sub 2017 No. 31 ss 23–24

173ZD Minor amendment of approval

(1)The chief executive may make a minor amendment of an approval by giving a notice about the amendment to the holder of the approval.

(2)This section applies despite sections 173ZB and 173ZC.

(3)In this section—

minor amendment, of an approval, means an amendment of the approval—

(a)to correct a minor or formal error in the approval; or

(b)to make a change that is not a change of substance and does not adversely affect the interests of the holder of the approval or another person.

s 173ZD ins 2017 No. 31 s 24

pt hdg ins 2017 No. 31 s 24

173ZE Surrender of approval

The holder of an approval may surrender the approval by giving the chief executive a notice about the surrender.

s 173ZE ins 2017 No. 31 s 24

173ZF Request for information about approval

(1)The chief executive may, by notice, require any of the following persons to give the chief executive information about an approval—

(a)the holder of the approval;

(b)if the approval was transferred to another person in the 5 years before the notice was given—a previous holder of the approval;

(c)if the approval was cancelled, surrendered or otherwise ended in the 5 years before the notice was given—a person who was the holder of the approval.

(2)The notice must state—

(a)the information required; and

(b)why the information is required; and

(c)the day by which the information is to be given to the chief executive.

s 173ZF ins 2017 No. 31 s 24

174Internal review process

Every external review of a decision to which an information notice relates must be in the first instance by way of an application for internal review.

175Who may apply for internal review

A person who, under this Act, has been given, or who is entitled to be given, an information notice for a decision may apply for an internal review of the decision (an internal review application).

s 175 amd 2017 No. 31 s 25

176Requirements for making application

(1)An internal review application must be—

(a)made to—

(i)for a decision made by the Organisation under chapter 4, part 3B—the Organisation; or

(ii)otherwise—the chief executive; and

(b)in the approved form; and

(c)supported by enough information to enable the application to be decided; and

(d)made within 14 days after the applicant is given the information notice for the decision the subject of the application.

(2)However, the chief executive or Organisation may, at any time, extend the time for making an internal review application.

s 176 amd 2017 No. 31 s 26

177Decision not stayed

(1)An internal review application does not stay the decision the subject of the application (the original decision).

(2)However, the applicant may immediately apply for a stay of the original decision to the relevant entity.

(3)The relevant entity may stay the original decision to secure the effectiveness of the internal review and a later external review by QCAT.

(4)The stay—

(a)may be given on conditions the relevant entity considers appropriate; and

(b)operates for the period fixed by the relevant entity; and

(c)may be amended or revoked by the relevant entity.

(5)The period of the stay must not extend past the time when the chief executive makes the internal review decision about the original decision and any later period the relevant entity allows to enable the applicant to apply to QCAT for a review of the internal review decision.

(6)An internal review application affects the original decision, or carrying out of the decision, only if the decision is stayed.

(7)In this section—

relevant entity means the chief executive, Organisation or QCAT.

s 177 amd 2017 No. 31 s 27

178Internal review

(1)The chief executive or Organisation must, within 20 days after receiving an internal review application made under section 176—

(a)conduct an internal review of the decision the subject of the application (the original decision); and

(b)make a decision (the internal review decision) to—

(i)confirm the original decision; or

(ii)amend the original decision; or

(iii)substitute another decision for the original decision.

(2)The application must not be dealt with by—

(a)the person who made the original decision; or

(b)a person in a less senior office than the person who made the original decision.

(3)Subsection (2)—

(a)applies despite the Acts Interpretation Act 1954, section 27A; and

(b)does not apply to an original decision made—

(i)personally by the chief executive; or

(ii)by the board of directors of the Organisation.

(4)If the internal review decision confirms the original decision, for the purpose of an external review, the original decision is taken to be the internal review decision.

(5)If the internal review decision amends the original decision, for the purpose of an external review, the original decision as amended is taken to be the internal review decision.

s 178 amd 2017 No. 31 s 28

179Notice of internal review decision

(1)The chief executive or Organisation must, within 10 days after making an internal review decision, give the applicant notice of the decision.

(2)If the internal review decision is not the decision sought by the applicant, the notice must be accompanied by a QCAT information notice for the decision.

(3)If the chief executive or Organisation does not give the notice within the 10 days, the chief executive or Organisation is taken to have made an internal review decision confirming the original decision.

(4)In this section—

QCAT information notice means a notice complying with the QCAT Act, section 157(2).

s 179 amd 2017 No. 31 s 29

180Who may apply for external review

A person given, or entitled to be given, a QCAT information notice under section 179 for an internal review decision may apply, as provided under the QCAT Act, to QCAT for an external review of the decision.

181Definitions for ch 10

In this chapter—

disposal order see section 231(2).

document certification requirement see section 234(6).

document production requirement see section 234(2).

electronic document means a document of a type under the Acts Interpretation Act 1954, schedule 1, definition document, paragraph (c).

def electronic document amd 2013 No. 39s 110(1)sch 3 pt 1

forfeiture order see section 227(1).

former owner see section 226(1).

general power see section 211(1).

help requirement see section 212(1).

identity card, for a provision about authorised persons, means an identity card issued under section 187.

information requirement see section 237(3).

offence warning, for a direction or requirement of an authorised person, means a warning that, without reasonable excuse, it is an offence for the person to whom the direction or requirement is made not to comply with it.

owner, for a thing that has been seized under this chapter, includes a person who would be entitled to possession of the thing had it not been seized.

personal details requirement see section 232(5).

person in control—

(a)of a vehicle, includes—

(i)the vehicle’s driver or rider; and

(ii)anyone who reasonably appears to be, claims to be, or acts as if he or she is, the vehicle’s driver or rider or the person in control of the vehicle; or

(b)of another thing, includes anyone who reasonably appears to be, claims to be, or acts as if he or she is, the person in possession or control of the thing.