Refuse Management Amendment Regulation (No. 1) 1993 (Qld)

Queensland Subordinate Legislation 1993 No. 115 Health Act 1937 REFUSE MANAGEMENT AMENDMENT REGULATION (No. 1) 1993 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2 Amended regulation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3 Amendment of s.3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 4 Amendment of s.6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 5 Amendment of s.8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 6 Insertion of new ss.8A and 8B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 8A Notice regarding weekly refuse removal . . . . . . . . . . . . . . . . . . . . . . 2 8B Duties of refuse removalist . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 7 Omission of s.31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 8 Insertion of new Part 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 PART 6—NOTICES TO COMPLY 35 Inspector may serve notice to comply . . . . . . . . . . . . . . . . . . . . . . . . 4 36 Person must comply with a notice to comply . . . . . . . . . . . . . . . . . . 4 37 Prosecution of offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

2 Refuse Management Amendment (No. 1) No. 115, 1993 ˙ Short title 1. This regulation may be cited as the Refuse Management Amendment Regulation (No. 1) 1993 . ˙ Amended regulation 2. The Refuse Management Regulation 1983 is amended as set out in this regulation. ˙ Amendment of s.3 3. Section 3— insert— ‘ “due date” , for compliance with a notice to comply, has the meaning given by section 35; “notice to comply” has the meaning given by section 35; ’. ˙ Amendment of s.6 4. Section 6(4A)— omit. ˙ Amendment of s.8 5. Section 8(3)— omit. ˙ Insertion of new ss.8A and 8B 6. After section 8— insert— ˙ ‘Notice regarding weekly refuse removal ‘8A.(1) Subject to subsection (2), a local authority may give to an occupier a notice stating—

3 Refuse Management Amendment (No. 1) No. 115, 1993 (a) the days on which the refuse removal service mentioned in section 8(1) is to be provided to the occupier; and (b) that, to use the service on a day mentioned in paragraph (a), the occupier must place a standard refuse container outside the occupier’s property— (i) at a specified location; and (ii) by a specified time on the day. ‘(2) This section applies to a local authority in relation to a refuse area only if the local authority, or its contractor, has supplied standard refuse containers to the occupiers in the refuse area. ‘(3) In this section— “standard refuse container” means a wheeled standard domestic refuse container or a wheeled standard commercial refuse container, of not more than 260 L capacity. ˙ ‘Duties of refuse removalist ‘8B.(1) In this section— “removalist” means a person who carries out a removal service mentioned in section 8(1). ‘(2) A removalist must, while carrying out the removal service— (a) recover any spilt refuse; and (b) return each refuse container, other than a disposable sack, to the place from which it was collected. ‘(3) A removalist must not place a refuse container containing refuse on a footpath, road or other public place for more than 10 minutes. Maximum penalty—10 penalty units. ’. ˙ Omission of s.31 7. Section 31— omit.

4 Refuse Management Amendment (No. 1) No. 115, 1993 ˙ Insertion of new Part 6 8. After section 34— insert— ‘PART 6—NOTICES TO COMPLY ˙ ‘Inspector may serve notice to comply ‘35.(1) If an inspector believes on reasonable grounds that a person is contravening a provision of this regulation, the inspector may give to the person a written notice ( “notice to comply” ) under this section. ‘(2) A notice to comply must state— (a) the act or omission that comprises the alleged contravention; and (b) the action that the person must take to rectify the alleged contravention; and (c) the day by which the person must take the action (the “due date” ). ‘(3) The period to elapse between the day the notice is given to the person and the due date must be reasonable, having regard to the action that the person is required to take, and in any case must be at least 7 days. ˙ ‘Person must comply with a notice to comply ‘36.(1) A person must not, without reasonable excuse, fail to comply with a notice to comply. Maximum penalty—10 penalty units. ‘(2) Without limiting subsection (1), it is a reasonable excuse for a person to fail to comply with a notice to comply if— (a) the relevant act or omission does not comprise a contravention of this regulation; or (b) the action the person is required to take under the notice would not rectify the alleged contravention; or (c) the person has taken some other action, on or before the due date, that has rectified the alleged contravention.

5 Refuse Management Amendment (No. 1) No. 115, 1993 ˙ ‘Prosecution of offences ‘37.(1) If an inspector gives a notice to comply to a person in relation to an act or omission by the person, the person may not be prosecuted for an offence comprised by the act or omission unless the person fails to comply with the notice by the due date. ‘(2) It is not a requirement of this regulation that a person must be given a notice to comply before the person may be prosecuted for an offence under this regulation. ’. ENDNOTES 1. Made by the Governor in Council on 15 April 1993. 2. Notified in the Gazette on 16 April 1993. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Department of Health. The State of Queensland 1993