Waste Avoidance and Resource Recovery Levy Act 2007 (WA)

Western Australia

Waste Avoidance and Resource Recovery Levy Act 2007

Western Australia

Waste Avoidance and Resource Recovery Levy Act 2007 Contents

Western Australia

Waste Avoidance and Resource Recovery Levy Act 2007

Waste Avoidance and Resource Recovery Levy Act 2007

An Act to impose a levy in respect of certain waste.

1.Short title

This is the Waste Avoidance and Resource Recovery Levy Act 2007.

2.Commencement

This Act comes into operation as follows:

• (a)

  sections 1 and 2 — on the day on which this Act receives the Royal Assent;

• (b)

  the rest of the Act — on a day fixed by proclamation.

3.Terms used

In this Act —

disposal premises means premises —

• (a)

  which are used for the purpose of receiving waste; and

• (b)

  in respect of which the occupier is required to hold a licence, whether or not such a licence is in force;

EP Act means the Environmental Protection Act 1986;

licence has the same meaning as in the EP Act;

Waste Authority means the Waste Authority established under the Waste Avoidance and Resource Recovery Act 2007.

4.Levy may be prescribed

• (1)

  The Governor may, on the recommendation of the Minister, make regulations under the Waste Avoidance and Resource Recovery Act 2007 prescribing an amount by way of levy that is to be payable in respect of waste received at disposal premises.

• (2A)

  The Waste Authority may provide advice to the Minister for the purpose of making a recommendation under subsection (1) as to the amount by way of levy to be prescribed.

• (2B)

  The Minister must give due weight to, but is not bound to accept, the advice of the Waste Authority under subsection (2A).

• (2)

  The regulations may —

  • (a)

    provide that the amount by way of levy is to be payable in all cases, in all cases subject to specified exceptions or in any specified case or class of case; and

  • (b)

    prescribe different amounts by way of levy that are payable in respect of different cases or classes of case; and

  • (c)

    provide for the levy to be calculated on such basis, and in accordance with such factors, as are specified; and

  • (d)

    provide for the reimbursement of administrative costs incurred by the person, organisation or licensee collecting the levy.

• (3)

  Nothing in this section is to be taken as limiting the operation of the Interpretation Act 1984 section 43.

[Section 4 amended: No. 48 of 2009 s. 12.]

5.Levy imposed

If an amount by way of levy is prescribed in respect of waste received at disposal premises, that levy is imposed in respect of waste received at the disposal premises.

6.Liability to pay levy

The holder of a licence in respect of disposal premises, or in the case of disposal premises in respect of which a licence is not in force, an occupier required under the EP Act to hold such licence in respect of the premises, is liable to pay the amount of any levy imposed in respect of waste received at the disposal premises.

Notes

This is a compilation of the Waste Avoidance and Resource Recovery Levy Act 2007 and includes amendments made by other written laws. For provisions that have come into operation, and for information about any reprints, see the compilation table. For provisions that have not yet come into operation see the uncommenced provisions table.

Compilation table

Short title	Number and year	Assent	Commencement
Waste Avoidance and Resource Recovery Levy Act 2007	37 of 2007	21 Dec 2007	s. 1 and 2: 21 Dec 2007 (see s. 2(a)) Act other than s. 1 and 2: 1 Jul 2008 (see s. 2(b) and Gazette 20 Jun 2008 p. 2705)
Waste Avoidance and Resource Recovery Amendment Act 2009 Pt. 3	48 of 2009	7 Dec 2009	8 Dec 2009 (see s. 2(b))
Reprint 1: The Waste Avoidance and Resource Recovery Levy Act 2007 as at 12 Aug 2016 (includes amendments listed above)

Uncommenced provisions table

To view the text of the uncommenced provisions see Acts as passed on the WA Legislation website.

Short title	Number and year	Assent	Commencement
Environmental Protection Amendment Act 2020 s. 119	40 of 2020	19 Nov 2020	To be proclaimed (see s. 2(1)(e))

Defined terms

[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]

Defined term Provision(s)

disposal premises............................................................................................................. 3

EP Act................................................................................................................................ 3

licence................................................................................................................................ 3

Waste Authority............................................................................................................... 3