Amendments of the Garbage Regulations (ACT)

Regulations 1974 No. 33

Regulations under the Building and Services Ordinance

1924-1968.*

I, G O R D O N	M U N R O B R Y A N T , the Minister of State for the Capital Territory,
hereby make the following Regulations under the Building and Services	Ordinance
1924-1968.

Dated this nineteenth day of December, 1974.

G O R D O N M. B R Y A N T

Minister of State for the Capital Territory.

A M E N D M E N T S O F T H E GARBAGE REGULATIONS

1. Regulation 2 of the Garbage Regulations is amended—

(a) by inserting after the definition of "Authorized officer" the follow­ ing definitions—

" ' Commercial premises' means premises other than premises upon

which a single dwelling-house is erected;

" ' Dwell ing-house' includes a part of any premises used or intended to be used as a residence, whether it forms a complete resi­ dence in itself or not;";

(b)	by omitting from the definition of "Garbage" the words "(except sewage)" and substituting the words "(except sewage, garden waste and waste arising from the conduct of a business of building or engineering or the repairing of motor vehicles)"; and
( c )	by adding after the definition of " Premises" the following

definition:—

" ' Receptacle ' means a receptacle of a type which is approved by the Minister, being a receptacle that complies with the requirements of Schedule 1.".

Australian Capital Territory 1911-1959".

2. Regulation 3 of the Garbage Regulations is amended—

(a)	by omitting from sub-regulation (1) the words "every premises" and substituting the words "premises, other than commercial premises,";
(b)	by omitting from sub-regulation (1) the words " watertight receptacles of an approved pattern in accordance with the specification set out in this regulation " and substituting the words " approved receptacles ";
(c )	by omitting sub-regulations ( 2 ) and ( 3 ) ; and
(d)	by omitting from sub-regulation (4) the words "The Minister" and substituting the words " Subject to regulation 3A, the Minister ".

* Notified in the Australian Government Gazette on 23 December 1974.
t For references to the original Regulations and amendments see footnote on p. 133 of Vol. Til of "Laws of the

3 . The Garbage Regulations are amended by inserting after Regulation 3 the following regulation:—

" 3A. (1 ) The Minister may, upon receiving an application in writing from the occupier of commercial premises, arrange for the removal of garbage from those premises in accordance with this regulation.

" (2 ) A n occupier of commercial premises, from which the Minister has arranged to remove garbage, shall not, in the course of a week, use more than 6 domestic receptacles.

" (3 ) For the purpose of calculating the number of domestic receptacles used in the course of a week by an occupier of commercial premises, a domestic receptacle shall be considered to be a separate receptacle on each occasion on which garbage is removed from it.

" (4) A n occupier of premises from which the Minister has arranged to remove garbage shall not use a commercial receptacle other than a receptacle obtained from Australia.

" (5 ) A receptacle supplied to an occupier by Australia shall be supplied on such terms and conditions as the Minister thinks fit.

" ( 6 ) For each removal of garbage from commercial premises, the occupier of the premises is liable to pay to Australia fees calculated in accordance with Schedule 2."

4 . Regulation 5 of the Garbage Regulations is repealed and the following regulation is substituted:—
" 5 . ( 1 ) The occupier of premises shall not leave or deposit garbage upon or about the premises, or permit garbage to be left upon or about the premises, other than in a receptacle or in a container approved by the Minister or by an authorized officer.

" ( 2 ) A person who fails to comply with sub-regulation (1 ) is guilty of an offence and is punishable—

(a)	if an occupier of domestic premises, by a fine not less than $20 and not more than $50;
(b)	if an occupier of commercial premises, where the garbage contained putrescible matter directly or indirectly hazardous to human health, toy a fine not less than $200 and not more than $500; or
(c)	in any other case, by a fine not less than $100 and not more than

$300.".

5 . Regulation 5A of the Garbage Regulations is amended by omitting the

words " garden refuse " and substituting the words " any waste (not being gar­
bage)".

6 . Sub-regulation 9 (2) of the Garbage Regulations is amended by inserting after the words " all premises," the words " other than commercial premises,".

7 . The Garbage Regulations are amended by adding the following Schedules:—

" SCHEDULE 1	Regulation 2
RECEPTACLES

Domestic receptacles shall have a capacity of 0.085 cubic metre, two handles, a closely

fitting lid with a flange overlapping the top of the receptacle and be of a solid and durable

construction.

Commercial receptacles shall be of a capacity of—

(a) 0.765 cubic metre;
(b) 1.530 cubic metres;
(c) 2.295 cubic metres; or
(d) 3.060 cubic metres.

" S C H E D U L E 2 Regulation 3*

FEES F O R R E M O V A L O F G A R B A G E F R O M C O M M E R C I A L PREMISES

1. Where garbage is removed from domestic receptacles, a fee calculated at the rate of

17 cents for each receptacle.

2. Where garbage is removed from commercial receptacles, for each receptacle a fee of—

$

( a ) in the case of a receptacle with a capacity of 0.765 cubic metre	. .	1.88
(b ) in the case of a receptacle with a capacity of 1.530 cubic metres	. .	3.75
(c ) in the case of a receptacle with a capacity of 2.295 cubic metres	5.18
(d ) in the case of a receptacle with a capacity of 3.060 cubic metres	. .	9.38."

8. The Garbage Regulations are amended as set out in the Schedule.

S C H E D U L E Regulation 8

Pro vision Amendment

Sub-regulation 9 (2)	. .	Omit " one shilling ", substitute " 10 cents "
Sub-regulation 10 (2) . .	Omit " the Commonwealth " (wherever occurring), substitute

" Australia "

Regulation 11 Omit " the Commonwealth " (wherever occurring), substitute

" Australia "

Sub-regulation 12 (1) . . Omit " the Commonwealth " (wherever occurring), substitute

" Australia "

Regulation 14 Omit " Twenty pounds ", substitute " $40 "
Omit " one pound " , substitute " $2 "