Waste Management and Resource Recovery Act 2016 (ACT)
Waste Management and Resource Recovery Act 2016
A2016-51
Republication No 12
Effective: 1 July 2024
Republication date: 1 July 2024
Last amendment made by A2022‑14
(republication for expiry of provision (s 64ZC))
About this republication
The republished law
This is a republication of the Waste Management and Resource Recovery Act 2016 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 1 July 2024. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 1 July 2024.
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">
authorised republications to which the Legislation Act 2001 applies
unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.
This republication includes amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced, the symbol U appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register ( For more information, see the home page for this law on the register.
Modifications
If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).
Waste Management and Resource Recovery Act 2016
Contents
Page
Part 1 Preliminary
1 Name of Act 2
3 Dictionary 2
4 Notes 2
5Offences against Act—application of Criminal Code etc 3
6 Relationship with Emergencies Act 2004 3
7 Relationship with other laws 4
Part 2 Objects and principles
8 Objects of Act 5
9 Principles to be taken into account 5
Part 3 Important concepts
10 Meaning of waste 7
11 Meaning of waste activity 7
12 Meaning of waste management business 8
13 Meaning of waste transporter 8
14 Meaning of waste facility 9
15 Meaning of waste facility licence 9
Part 4 Waste manager
16 Appointment 10
17 Functions 10
Part 5 Waste facility licences
18 Requirement to hold a waste facility licence 11
19 Application for licence 11
20 Waste manager may request more information 11
21 Change of information must be provided 12
22 Decision about application for licence 12
23 Licence conditions 14
24 Form of licence 14
25 Register of waste facility licences 15
26 Licensee must update details 15
27 Licence not transferable 15
28 Surrender of licence 16
29 Term of licence 17
Part 6 Waste transporter registration
30 Requirement to be registered as waste transporter 18
31 Application to be registered 18
32 Waste manager may request more information 18
33 Change of information must be provided 19
34 Decision about application for registration 19
34A Registration conditions 20
35 Waste transporter must display registration number 21
36 Entry in register not transferable 21
37 Register of waste transporters 21
38 Waste transporter must update details 22
39 Approval of GPS tracking device 22
40 GPS to be fitted to vehicles 22
41 Termination of registration by registered waste transporter 24
42 Term of registration 24
Part 7 Regulatory action
43 Definitions—pt 7 26
44 Waste manager may consider regulatory action against person 27
45 Notification of proposed regulatory action 27
46 Taking regulatory action 28
47 Not taking regulatory action 30
48 Immediate suspension of licence or registration if risk to public safety 30
49 Effect of suspension 31
50 Offence—fail to return amended, suspended or cancelled licence 31
51 Action by waste manager in relation to amended or suspended licence 32
Part 8 Financial assurances
52 Waste manager may require financial assurance 33
53 Show cause why financial assurance should not be provided 34
54 Non-provision of financial assurance 34
55 Claim on or realisation of financial assurance 35
56 Notice before claim on or realisation of financial assurance 35
57 Financial assurance not affect other action 36
58 Recovery of extra costs 36
59 Money held by Territory as financial assurance 37
Part 9 Codes of practice
60 Code of practice—approval 39
61 Failure to comply with approved code of practice 39
62 Direction to comply with approved code 40
Part 10 Waste storage and collection
63 Definitions—pt 10 42
64 Waste collection service 42
Part 10A Container deposit scheme
Division 10A.1 General
64A Objects—pt 10A 43
64B Definitions—pt 10A 43
64C Meaning of beverage—pt 10A 45
64D Meaning of collection point—pt 10A 46
64E Meaning of container—pt 10A 46
64F Meaning of refund amount—pt 10A 46
64G Meaning of refund marking—pt 10A 47
Division 10A.2 Scheme administration
64H Scheme administration agreements 47
64I Amending and ending scheme administration agreements 48
Division 10A.3 Scheme coordinator agreement
64J Content of scheme coordinator agreement 49
64K Approval of network arrangements 50
64L Payment of refund amounts to material recovery facility operators 51
64M Term of scheme coordinator agreement 52
Division 10A.4 Network operator agreements
64N Content of network operator agreements 52
64O Approval of collection point arrangements 53
Division 10A.5 Scheme compliance
64P Inconsistent provisions void 54
64Q Penalties for contravention 55
64R Monitoring and enforcement of compliance 55
64S Performance audit 57
64T Register of approved containers and collection points 57
64U Reports by scheme coordinator 58
Division 10A.6 Supply and collection of containers
Subdivision 10A.6.1 Supply of approved containers
64V Container approvals 59
64W Requirement for supply arrangement with scheme coordinator and container approval 60
64X Requirement for refund markings on containers 61
Subdivision 10A.6.2 Collection of containers
64Y Refund amounts payable by collection point operators 61
64Z Refund declarations and proof of identity 62
64ZA Offence—claiming refund for containers not subject to scheme 63
Division 10A.7 Miscellaneous
64ZB Authorisations for Competition and Consumer Act 2010 (Cwlth) 65
Part 11 Reporting
65 Waste activity report 66
66 Offence—fail to report to waste manager 66
Part 12 Exemptions
67 Declaration exempting person or activity 67
68 Renewal of declaration 68
69 Term of declaration 68
Part 13 Enforcement
Division 13.1 Directions
70 Direction to stop contravening Act etc 69
71 Directions—stockpiling materials and delivering waste 70
72 Offence—fail to comply with direction 70
Division 13.2 Authorised people
Subdivision 13.2.1 General
73 Definitions—div 13.2 71
74 Appointment 72
75 Identity cards 72
76 Authorised person must show identity card on exercising power 73
Subdivision 13.2.2 Powers
77 Power to enter premises 73
78 Production of identity card 75
79 Consent to entry 75
80 General powers on entry to premises 76
81 Power to seize things 77
82 Direction to give name and address 78
83 Offence—fail to comply with direction to give name and address 79
Subdivision 13.2.3 Search warrants
84 Warrants generally 80
85 Warrants—application other than in person 81
86 Search warrants—announcement before entry 83
87 Details of search warrant to be given to occupier etc 83
88 Occupier entitled to be present during search etc 83
Subdivision 13.2.4 Return and forfeiture of things seized
89 Receipt for things seized 84
90 Moving things to another place for examination or processing under search warrant 85
91 Access to things seized 86
92 Return of things seized 86
Subdivision 13.2.5 Miscellaneous
93 Damage etc to be minimised 87
94 Compensation for exercise of enforcement powers 88
Part 14 Enforceable undertakings
95 Definitions—pt 14 89
96 Making of proposed undertakings 89
97 Acceptance of proposed undertaking 91
98 Register of enforceable undertakings 91
99 Withdrawal from or amendment of enforceable undertaking 92
100 Ending enforceable undertaking 92
101 Undertaking not admission of fault etc 92
102 Contravention of enforceable undertakings 93
103 Effect of enforceable undertaking on other proceedings 93
Part 15 Offences
Division 15.1 Liability of managers etc
104 Criminal liability of partners—pt 15 94
105 Criminal liability of executive officers—pt 15 95
Division 15.2 Specific offences
106 Meaning of waste site—div 15.2 97
107 Unauthorised waste activity 97
108 Fail to comply with condition of licence or registration 98
109 Unlawful transporting or depositing of waste 98
110 Use of place as waste facility without lawful authority 100
111 Consent required for certain waste activities 101
112 False or misleading information about waste 101
113 Taking prescribed waste to landfill or other facility 103
Part 16 Reconsideration of decisions
114 Definitions—pt 16 104
115 Applications for reconsideration 104
116 Notice to ACAT of application 105
117 Reconsideration 105
118 No action by waste manager within time 106
119 Notice of decisions on reconsideration 106
Part 17 Notification and review of decisions
120 Definitions—pt 17 107
121 Reviewable decision notices 107
122 Applications for review 107
Part 18 Miscellaneous
123 Delegation 108
124 Protection from liability 108
125 Service of documents 109
126 Determination of fees and rates of interest 109
128 Regulation-making power 110
Schedule 1 Reviewable decisions 111
Dictionary113
Endnotes
1 About the endnotes 118
2 Abbreviation key 118
3 Legislation history 119
4 Amendment history 121
5 Earlier republications 127
6 Expired transitional or validating provisions 128
Waste Management and Resource Recovery Act 2016
An Act to provide for the minimisation of waste, the recovery, recycling and re‑use of resources, and for other purposes
Part 1Preliminary
Name of Act
This Act is the Waste Management and Resource Recovery Act 2016.
Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere in this Act.
For example, the signpost definition ‘affected person for an original decision, for part 16 (Reconsideration of decisions)—see section 114.’ means that the term ‘affected person’ is defined in that section for part 16.
Note 2A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).
Notes
A note included in this Act is explanatory and is not part of this Act.
NoteSee the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
Offences against Act—application of Criminal Code etc
Other legislation applies in relation to offences against this Act.
Note 1Criminal Code
The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1).
The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).
Note 2Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.
Relationship with Emergencies Act 2004
(1)This Act does not apply to the exercise or purported exercise by a relevant person of a function under the Emergencies Act 2004 for the purpose of protecting life or property, or controlling, extinguishing or preventing the spread of a fire.
(2)In this section:
emergency controller—see the Emergencies Act 2004, dictionary.
emergency service—see the Emergencies Act 2004, dictionary.
relevant person means—
(a)an emergency controller; or
(b)the chief officer or a member of an emergency service; or
(c)any other person under the control of—
(i)an emergency controller; or
(ii)the chief officer of an emergency service; or
(d)a police officer.
Relationship with other laws
This Act does not affect the operation of any other territory law.
Part 2Objects and principles
Objects of Act
The objects of this Act are to—
(a)manage waste according to the following hierarchy:
(i)minimise the generation of waste;
(ii)maximise the recovery and re-use of resources;
(iii)minimise the amount of waste that goes to landfill; and
(b)support innovation and investment in waste management; and
(c)promote responsibility for waste reduction; and
(d)promote best-practice waste management.
Principles to be taken into account
(1)The objects of this Act are to be achieved by taking into account the following principles:
(a)the inter-generational equity principle;
(b)the polluter pays principle;
(c)the precautionary principle;
(d)the proximity principle;
(e)the waste minimisation principle.
(2)In this section:
inter-generational equity principle means that the present generation should ensure that the health, diversity and productivity of the environment is maintained or enhanced for the benefit of future generations.
polluter pays principle means that polluters should bear the appropriate share of the costs that arise from their activities.
precautionary principle means that, if there is a threat of serious or irreversible environmental damage, a lack of full scientific certainty should not be used as a reason for postponing measures to prevent environmental degradation.
proximity principle means that waste and recovered resources should be managed as close to the source of generation as possible.
waste minimisation principle means that waste is handled in a way that minimises and, if practicable, eliminates harm to the environment.
Part 3Important concepts
Meaning of waste
In this Act:
waste includes the following:
(a)any substance (whether solid, liquid or gaseous) that is discharged, emitted or deposited in the environment in such volume, constituency or manner as to cause an alteration in the environment;
(b)any discarded, rejected, unwanted, surplus or abandoned substance, whether or not intended for sale, recycling, reprocessing, recovery or purification by a separate operation from that which produced it;
(c)any other substance declared by regulation to be waste.
Meaning of waste activity
In this Act:
waste activity—
(a)means any of the following activities carried out by a waste management business:
(i)collecting waste;
(ii)transporting waste;
(iii)storing, sorting, treating, processing, or disposing of waste; and
Example—processing of waste
·generating energy from waste material
Example—disposing of waste
·depositing waste in landfill
Note 1Collecting or transporting waste is carried out by a waste transporter (see s 13).
Note 2Storing, sorting, treating, processing, or disposing of waste happens at a waste facility (see s 14).
(b)for part 9 (Codes of practice)—includes the generation of waste.
Meaning of waste management business
In this Act:
waste management business includes—
(a)any of the following carried on, by a person or a group of people acting together, with the purpose of providing services in relation to the handling of waste:
(i)a trade, industry, business or profession;
(ii)an activity carried on for a fee, benefit or reward; and
(b)a person or activity prescribed by regulation.
Meaning of waste transporter
In this Act:
waste transporter means a waste management business that does any of the following:
(a)collects waste;
(b)transports waste.
Meaning of waste facility
In this Act:
waste facility—
(a)means a site used by a waste management business for the storage, sorting, treatment, processing, or disposal of waste; but
(b)does not include a reverse vending machine.
Meaning of waste facility licence
In this Act:
waste facility licence means a licence issued under section 22.
Part 4Waste manager
Appointment
(1)The director-general must appoint a public servant as the Waste Manager.
Note 1For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.
Note 2In particular, a person may be appointed for a particular provision of a law (see Legislation Act, s 7 (3)) and an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act, s 207).
(2)However, the director-general may appoint a person as the waste manager only if satisfied that the person has suitable qualifications and experience to exercise the functions of the waste manager.
(3)An appointment is a notifiable instrument.
NoteA notifiable instrument must be notified under the Legislation Act.
Functions
(1)The waste manager’s functions are—
(a)to administer this Act; and
(b)any other function given to the waste manager by this Act or another territory law.
(2)In the exercise of the waste manager’s functions, the waste manager must have regard to the objects and principles stated in part 2 (Objects and principles).
NoteA provision of a law that gives an entity (including a person) a function also gives the entity the powers necessary and convenient to exercise the function (see Legislation Act, s 196 (1) and dict, pt 1, defs of entity and function).
Part 5Waste facility licences
Requirement to hold a waste facility licence
A person must not operate a waste facility unless the person holds a waste facility licence.
NoteSection 107 (Unauthorised waste activity) makes it an offence to operate a waste facility without a licence.
Application for licence
(1)A person may apply to the waste manager for a licence.
(2)The application must—
(a)be in writing; and
(b)include any information prescribed by regulation.
Note 1Giving false or misleading information is an offence against the Criminal Code, s 338.
Note 2A fee may be determined under s 126 for an application.
Waste manager may request more information
(1)The waste manager may, by written notice, require an applicant for a licence to give the waste manager more information—
(a)that the waste manager believes on reasonable grounds to be information needed to decide the application; and
(b)within a stated time; and
(c)at a stated place.
(2)If the applicant does not comply with a requirement in the notice, the waste manager may refuse to consider the application further.
NoteA decision under this section is a reviewable decision (see s 120).
Change of information must be provided
(1)This section applies if the information in an application for a licence changes before the application is decided.
(2)The applicant must give the waste manager written notice of the particulars of the change.
Decision about application for licence
(1)The waste manager must, not later than 56 days after the day the waste manager receives an application under section 19—
(a)approve the application; or
(b)refuse the application.
Note 1A fee may be determined under s 126 for a licence.
Note 2Failure to approve an application within the required time is taken to be a decision not to approve the application (see ACT Civil and Administrative Tribunal Act 2008, s 12).
Note 3A decision under this section is a reviewable decision (see s 120).
(2)However, before approving an application for a licence, the waste manager must consult an entity, prescribed by regulation.
NotePower to make a regulation includes power to make different provision in relation to different matters or different classes of matters, and to make a regulation that applies differently by reference to stated exceptions or factors (see Legislation Act, s 48).
(3)Also, the waste manager—
(a)may approve the application only if satisfied that the applicant complies, and is likely to continue to comply, with the requirements of this Act; and
(b)may refuse the application if—
(i)the application is materially false or misleading; or
(ii)the applicant has, within 2 years before the application was made, committed an offence under this Act or a corresponding law of a State.
NoteA reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).
(4)If the waste manager refuses the application, the waste manager must as soon as practicable tell the applicant, in writing, the reason for the refusal.
NoteFor how documents may be served, see the Legislation Act, pt 19.5.
(5)If the waste manager approves the application the waste manager must, as soon as practicable after deciding the application—
(a)tell the applicant—
(i)that the application is approved; and
(ii)that the applicant must pay a fee for the licence (the licence fee) before the licence can be issued; and
(iii)the day the licence fee is due; and
(b)allocate a unique number for the licence; and
(c)as soon as practicable after the applicant has paid the licence fee—
(i)issue the licence; and
(ii)tell the applicant the unique number for the licence; and
(d)enter details for the licence in the register of waste facility licenses.
Licence conditions
A licence is subject to—
(a)a condition that the licensee must comply with this Act; and
(b)any other condition the waste manager imposes when issuing the licence.
Examples—conditions—par (b)
1 stating how food waste must be managed at a waste facility
2 imposing time limits on the storage of skips after collection, before the skips must be taken to a waste facility
3 stating that a waste facility may not receive certain types of waste
4 imposing requirements about sorting or processing certain waste material before using the residual waste for energy generation
Note 1A decision under this section is a reviewable decision (see s 120).
Note 2A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).
Form of licence
(1)A licence must—
(a)be in writing; and
(b)include the following information:
(i)the name of the licensee;
(ii)a unique identifying number;
(iii)the term of the licence;
(iv)the conditions on the licence;
(v)any other information prescribed by regulation.
(2)A licence may include any other information the waste manager considers relevant.
Register of waste facility licences
(1)The waste manager must keep a register of waste facility licences.
(2)The register must include—
(a)information, if any, prescribed by regulation; and
(b)any other information the waste manager considers relevant.
(3)The waste manager—
(a)may correct an error or omission in the register; and
(b)must change a detail included in the register to keep the register accurate and up-to-date.
(4)The waste manager—
(a)must make the register available to an authorised person at no cost; and
(b)may make the register available to any other person.
Note 1The Territory privacy principles (the TPPs) apply to the waste manager (see Information Privacy Act 2014, sch 1). The TPPs deal with the collection, storage and exchange of personal information.
Note 2A fee may be determined under s 126 for s (4) (b).
Licensee must update details
(1)This section applies if, to the knowledge of a licensee, any of the information mentioned in section 25 (2) changes.
(2)The licensee must tell the waste manager, in writing, about the change.
Licence not transferable
A licence issued to a licensee may not be transferred to another person.
Surrender of licence
(1)A licensee may surrender a licence by giving the waste manager written notice (a surrender notice) of an intention to surrender the licence.
(2)A surrender notice—
(a)must include the following information:
(i)the name of the licensee;
(ii)the unique number for the surrendered licence;
(iii)the day on which the surrender notice is given to the waste manager by the licensee;
(iv)any other information prescribed by regulation; and
(b)may nominate a day, that is on or after the day on which the surrender notice is given to the waste manager, on which the licensee wishes the surrender to take effect.
(3)The surrender of a licence takes effect on whichever of the following happens first—
(a)the day that is—
(i)if the surrender notice does not nominate a day on which the surrender takes effect—28 days after the day the surrender notice is given to the waste manager; or
(ii)if the surrender notice does nominate a day on which the surrender takes effect—the later of—
(A)the nominated day; and
(B)the day the surrender notice is given to the waste manager; and
(b)if the licensee fails to pay the fee for the licence that is the subject of the surrender notice on the day (the payment day) the fee for the licence next becomes payable—the day after the payment day.
NoteThe day on which a licence ends is determined under s 29.
Term of licence
A licence—
(a)begins on the day after the day the licence fee is paid; and
(b)ends on whichever of the following happens first:
(i)if the licence is surrendered—the day the surrender of the licence takes effect under section 28 (Surrender of licence);
(ii)if the licence is cancelled—the day the licence cancellation takes effect under section 46 (4) (Taking regulatory action);
(iii)if the licensee fails to pay the fee for the licence by the day (the payment day) the fee for the licence next becomes payable—the day after the payment day;
(iv)the day stated in the licence.
Part 6Waste transporter registration
Requirement to be registered as waste transporter
A person must not operate as a waste transporter unless the person is registered.
NoteSection 107 (Unauthorised waste activity) makes it an offence to carry on business as a waste transporter if not registered.
Application to be registered
(1)A person may apply to the waste manager to be registered as a waste transporter.
(2)The application must—
(a)be in writing; and
(b)include any information prescribed by regulation.
Note 1Giving false or misleading information is an offence against the Criminal Code, s 338.
Note 2A fee may be determined under s 126 for an application.
Waste manager may request more information
(1)The waste manager may, by written notice, require an applicant applying to be registered to give the waste manager more information—
(a)that the waste manager believes on reasonable grounds to be information needed to decide the application; and
(b)within a stated time; and
(c)at a stated place.
(2)If the applicant does not comply with a requirement in the notice, the waste manager may refuse to consider the application further.
Note A decision under this section is a reviewable decision (see s 120).
Change of information must be provided
(1)This section applies if the information in an application under section 31 changes before the application is decided.
(2)The applicant must give the waste manager written notice of the particulars of the change.
Decision about application for registration
(1)The waste manager must, not later than 30 days after the day the waste manager receives an application under section 31 (Application to be registered)—
(a)approve the application; or
(b)refuse the application.
Note 1A fee may be determined under s 126 for an application.
Note 2Failure to approve an application is taken to be a decision refusing to approve the application (see ACT Civil and Administrative Tribunal Act 2008, s 12).
Note 3A decision under this section is a reviewable decision (see s 120).
(2)However, the waste manager—
(a)may approve the application only if satisfied that the applicant complies, and is likely to continue to comply, with the requirements of this Act; and
(b)may refuse the application if—
(i)the application is materially false or misleading; or
(ii)the applicant has, within 2 years before the application was made, committed an offence under this Act or a corresponding law of a State.
NoteA reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).
(3)If the waste manager refuses the application, the waste manager must as soon as practicable tell the applicant in writing the reason for the refusal.
NoteFor how documents may be served, see the Legislation Act, pt 19.5.
(4)If the waste manager approves the application the waste manager must—
(a)as soon as practicable after deciding the application, tell the applicant—
(i)that the application is approved; and
(ii)that the applicant must pay a fee for the registration (the registration fee) before the applicant’s details can be entered in the register; and
(iii)the day the registration fee is due; and
(b)as soon as practicable after the applicant has paid the registration fee—
(i)enter the applicant’s details in the register of waste transporters; and
(ii)allocate a unique registration number (a registration number) for the registered person; and
(iii)tell the registered person, in writing, that the person has been registered and the person’s registration number.
NoteA fee may be determined under s 126 for registration.
34ARegistration conditions
A waste transporter registration is subject to—
(a)a condition that the registered waste transporter must comply with this Act; and
(b)any other condition the waste manager imposes on the registration when the application is approved.
Examples—par (b)
1 limiting the kind and quantity of waste to be transported
2 requiring a kind of waste to be transported in a particular way
Note 1A decision under this section is a reviewable decision (see s 120).
Note 2A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).
Waste transporter must display registration number
(1)A registered waste transporter must, within 30 days after being told the waste transporter’s registration number, display the number clearly and permanently on any vehicle used by the registered waste transporter for transporting waste.
(2)A regulation may prescribe requirements for the display of a registration number.
Entry in register not transferable
The registration of a waste transporter may not be transferred to another person.
Register of waste transporters
(1)The waste manager must keep a register of registered waste transporters.
(2)The register must include—
(a)information, if any, prescribed by regulation; and
(b)any other information the waste manager considers relevant.
(3)The waste manager—
(a)may correct an error or omission in the register; and
(b)must change information included in the register to keep the register accurate and up-to-date.
(4)The waste manager—
(a)must make the register available at no cost to an authorised person; and
(b)may make the register available to any other person.
Note 1The Territory privacy principles (the TPPs) apply to the waste manager (see Information Privacy Act 2014, sch 1). The TPPs deal with the collection, storage and exchange of personal information.
Note 2A fee may be determined under s 126 for s (4) (b).
Waste transporter must update details
(1)This section applies if, to the knowledge of a registered waste transporter, any of the information mentioned in section 37 (2) changes.
(2)The registered waste transporter must tell the waste manager, in writing, about the change.
Approval of GPS tracking device
(1)The waste manager may, for section 40, approve a device that uses the global positioning system to keep track of the location of a motor vehicle.
(2)An approval is a notifiable instrument.
NoteA notifiable instrument must be notified under the Legislation Act.
GPS to be fitted to vehicles
(1)This section applies if a registered waste transporter—
(a)has been convicted of an offence against this Act or a corresponding law of a State; or
(b)has had its entitlement to be registered suspended or cancelled.
(2)The waste manager may, by written notice, require the registered waste transporter to ensure that—
(a)an approved GPS tracking device is installed, used and maintained, in the way stated in the notice, on a vehicle that is used by the registered waste transporter to transport waste; and
(b)the device is not tampered with.
NoteA decision under this subsection is a reviewable decision (see s 120).
(3)A person commits an offence if—
(a)the person is a registered waste transporter; and
(b)notice under subsection (2) is given to the person; and
(c)the person engages in conduct; and
(d)as a result of the conduct waste is transported in a vehicle; and
(e)the vehicle does not have an approved GPS tracking device installed and maintained as required in the notice mentioned in subsection (2).
Maximum penalty: 100 penalty units.
(4)A person commits an offence if—
(a)the person tampers with a GPS tracking device installed in a vehicle; and
(b)the device was installed, and is required to operate, in the vehicle in accordance with a notice mentioned in subsection (2).
Maximum penalty: 100 penalty units.
(5)In this section:
approved GPS tracking device means a device approved under section 39.
Termination of registration by registered waste transporter
(1)A registered waste transporter may terminate its registration by giving the waste manager written notice of intention to terminate the registration (a termination notice).
(2)A registration terminated in accordance with subsection (1) takes effect on whichever of the following happens first:
(a)if the termination notice does not state a date on which the registration takes effect—the day that is 4 weeks after the day the notice is given to the waste manager;
(b)if the termination notice states a date on which the registration takes effect—the stated date;
(c)the day on which the next fee for registration becomes payable.
Term of registration
A waste transporter’s registration—
(a)begins on the day the waste manager enters the waste transporter’s details in the register of waste transporters; and
(b)ends on whichever of the following happens first:
(i)if the registration is terminated—the day the termination of the registration takes effect under section 41 (Termination of registration by registered waste transporter);
(ii)if the registration is cancelled—the day registration cancellation takes effect under section 46 (3) (Taking regulatory action);
(iii)if the waste transporter fails to pay the fee for the registration by the day (the payment day) the fee for the registration next becomes payable—the day after the payment day;
(iv)the day stated in the registration.
Part 7Regulatory action
Definitions—pt 7
In this part:
regulatory action, against a person, means—
(a)if the person is a licensee—any of the following actions:
(i)imposing, or amending, a condition on the licence;
(ii)suspending the licence for either a fixed period or until a particular event happens;
(iii)disqualifying the licensee from applying for another licence for a fixed period or until a particular event happens;
(iv)cancelling the licence; or
(b)if the person is a registered waste transporter—any of the following actions:
(i)imposing or amending a condition on the registration;
(ii)suspending the registration for either a fixed period or until a particular event happens;
(iii)disqualifying the person from applying for registration for a fixed period or until a particular event happens;
(iv)cancelling the registration of the person.
show cause notice—see section 45 (1).
Waste manager may consider regulatory action against person
The waste manager may consider taking regulatory action against a licensee, or a registered waste transporter, only if the waste manager is satisfied on reasonable grounds that—
(a)for action against a licensee—the person engaged in any of the following conduct:
(i)stopped operating a waste facility that is the subject of the licence;
(ii)used false or misleading information to obtain the licence;
(iii)contravened a condition of the licence;
(iv)failed to comply with a provision of this Act; or
(b)for action against a registered waste transporter—the registered waste transporter engaged in any of the following conduct:
(i)used false or misleading information to become a registered waste transporter;
(ii)contravened a condition of being registered;
(iii)failed to comply with a provision of this Act.
NoteA reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).
Notification of proposed regulatory action
(1)If the waste manager proposes taking regulatory action against a person, the waste manager must give the person a written notice (a show cause notice) stating—
(a)the grounds on which, under section 44, the waste manager considers regulatory action may be taken; and
(b)details of the proposed regulatory action; and
(c)that the person may, not later than 14 days after the day the person is given the notice, give a written submission to the waste manager about the proposed regulatory action.
(2)The waste manager must consider any submission received by the waste manager in response to the show cause notice when making a decision to take or not take regulatory action against the person.
(3)However, subsection (2) does not apply if the waste manager gives the person an immediate suspension notice under section 48 (Immediate suspension of licence or registration if risk to public safety).
Taking regulatory action
(1)This section applies if the waste manager—
(a)has considered a submission mentioned in section 45 (2) received from a person; and
(b)is satisfied on reasonable grounds that it is appropriate, in all the circumstances, to take the regulatory action.
(2)The waste manager may—
(a)if the proposed regulatory action is imposing or amending a condition on a licence, or on a registration—impose or amend the condition; or
(b)if the proposed regulatory action is suspending a licence or a registration—take any of the following action:
(i)the action mentioned in paragraph (a);
(ii)suspend the licence or registration for a period; or
(c)if the proposed regulatory action is disqualifying a person from applying for a further licence or further registration—take any of the following action:
(i)the action mentioned in paragraph (b);
(ii)disqualify the person from applying for a further licence or further registration for a period; or
(d)if the proposed regulatory action is cancelling a licence or a registration—take any of the following action:
(i)the action mentioned in paragraph (c);
(ii)cancel the licence or registration.
NoteA decision under this subsection is a reviewable decision (see s 120).
(3)Before taking regulatory action against a person under this section the waste manager must tell the person, by written notice (a notice of regulatory action)—
(a)the regulatory action that will be taken; and
(b)the day on which the regulatory action takes effect (the day of effect).
(4)Regulatory action takes effect against a person on the day of effect.
(5)In this section:
proposed regulatory action, in relation to a person, means regulatory action mentioned in a show cause notice given to the person under section 45 (1).
Not taking regulatory action
(1)This section applies if, after considering a submission under section 45 (2) received from a person, the waste manager is satisfied on reasonable grounds that regulatory action against the person—
(a)may not be taken; or
(b)may be taken, but that in all the circumstances it is not appropriate to take the action.
(2)The waste manager must give the person written notice telling the person that regulatory action will not be taken against the person in relation to the matters raised in the show cause notice.
Immediate suspension of licence or registration if risk to public safety
(1)This section applies if—
(a)the waste manager gives a show cause notice, under section 45 (1), to a person; and
(b)having regard to the grounds stated in the notice, the waste manager believes on reasonable grounds that the person’s licence or registration in the register of waste transporters should be suspended immediately because of a risk to public safety.
(2)The waste manager must give the person a written notice (an immediate suspension notice) suspending the person’s licence or registration.
(3)A suspension under this section takes effect when the immediate suspension notice is given to the licensee.
(4)A suspension under this section ends—
(a)if regulatory action is taken against the person—when whichever of the following happens first:
(i)regulatory action takes effect;
(ii)30 days after the day the immediate suspension notice is given to the person; or
(b)if regulatory action is not taken against the person—when whichever of the following happens first:
(i)when the person is given written notice of the waste manager’s decision not to take regulatory action;
(ii)30 days after the day the immediate suspension notice is given to the person.
NoteA decision under this section is a reviewable decision (see s 120).
Effect of suspension
(1)A suspended licence or registration does not authorise the carrying on of any activity under the licence or registration during the suspension.
(2)If the waste manager suspends a licence or registration, the person whose licence or registration is suspended is, during the suspension—
(a)taken not to—
(i)hold the licence; or
(ii)be registered; and
(b)disqualified from applying for a licence or registration.
Offence—fail to return amended, suspended or cancelled licence
(1)A person commits an offence if—
(a)the person was issued a licence; and
(b)the waste manager decides to amend, suspend or cancel the licence in a decision made under this part; and
(c)the person fails to return the licence to the waste manager within 7 days after the day the person is given a reviewable decision notice under section 119 (Notice of decisions on reconsideration) about the decision.
Maximum penalty: 10 penalty units.
(2)An offence against this section is a strict liability offence.
Action by waste manager in relation to amended or suspended licence
(1)This section applies if—
(a)a licence is amended or suspended under this part; and
(b)the licence is returned to the waste manager.
(2)For an amended licence, the waste manager must—
(a)return the amended licence to the licensee; or
(b)give the licensee a replacement licence that includes the amendment.
(3)For a suspended licence, if the suspension ends before the end of the term of the licence, the waste manager must return the licence to the licensee when the suspension ends.
Part 8Financial assurances
Waste manager may require financial assurance
(1)The waste manager may require a licensee to provide a financial assurance to the waste manager if satisfied that the assurance is justified to ensure compliance with a licence.
(2)Before requiring a financial assurance under subsection (1), the waste manager must consider—
(a)the nature of the waste activity; and
(b)the compliance record of the licensee; and
(c)the likelihood that remedial action will be necessary if the licensee fails to comply with a condition of the licence.
(3)A financial assurance must be in the form of—
(a)an unconditional bank guarantee; or
(b)a bond; or
(c)an insurance policy; or
(d)another form of security that the waste manager considers appropriate.
(4)The waste manager must not require a financial assurance of an amount greater than the total amount that the waste manager reasonably believes is necessary to remedy the foreseeable harm that could result from the failure to comply with the licence.
(5)A financial assurance must be provided—
(a)for the period stated in the licence; or
(b)if no period is stated, until the end of the licence.
(6)The waste manager may require the licensee to give a financial assurance under this part, even though the person has given a financial assurance under the Environment Protection Act 1997, division 9.4.
Show cause why financial assurance should not be provided
(1)If the waste manager proposes to issue a licence subject to a condition requiring a financial assurance, the waste manager must give written notice of the waste manager’s intention to impose the condition to the person who applies for the licence (the applicant).
(2)A notice under subsection (1) must—
(a)state the grounds on which the condition is proposed; and
(b)state the amount and form of the financial assurance proposed; and
(c)invite the applicant to show cause why the condition should not be imposed; and
(d)state the date, not earlier than 20 working days after the date of the notice, by which any representations under paragraph (c) must be made.
(3)Within 20 working days after the end of the period allowed under subsection (2) (d) for representations, the waste manager must—
(a)tell the applicant whether or not the condition will be imposed; and
(b)if it will be imposed—state in the notice the date, not earlier than 10 working days after the date of the notice, by which the financial assurance must be provided.
Non-provision of financial assurance
If a financial assurance required as a condition of a licence is not provided by the due date, the waste manager must cancel the licence.
Claim on or realisation of financial assurance
(1)This section applies if the waste manager incurs, or will incur, costs and expenses in taking action to remedy harm—
(a)caused, or likely to be caused, by failure to comply with a licence; and
(b)that is within the class of harm in relation to which the financial assurance may be claimed or realised; and
(c)that was not allowed under this Act.
(2)The waste manager may recover the reasonable costs and expenses of taking the action by making a claim on or realising the financial assurance or part of it.
Notice before claim on or realisation of financial assurance
(1)Before acting under section 55 (2), the waste manager must give to the licensee in relation to which the financial assurance was provided, a written notice—
(a)stating the harm caused, or likely to be caused, by the failure to comply with the licence; and
(b)giving details of the action taken, or to be taken, to remedy the harm; and
(c)stating the amount of the financial assurance to be claimed or realised; and
(d)inviting the licensee to make a written representation to the waste manager by a stated date, not earlier than 20 working days after the date of the notice, to show why the financial assurance should not be claimed or realised as proposed.
(2)The waste manager must, within 20 working days after the date stated in the invitation under subsection (1) (d) and taking into account any representations made in response to the invitation—
(a)decide whether or not to make a claim on or realise the financial assurance or part of it; and
(b)give the licensee written notice of the decision.
Financial assurance not affect other action
A financial assurance may be called on and used, despite and without affecting—
(a)the liability of a licensee or former licensee to any penalty for an offence for a contravention to which the assurance relates; and
(b)any other action that might be taken or is required to be taken in relation to any contravention or other circumstances to which the assurance relates.
Recovery of extra costs
(1)This section applies if the amount recovered by the waste manager by a claim on or by realising a financial assurance (the realised assurance) is less than the reasonable costs and expenses that the waste manager incurred or will incur in taking action to remedy the harm caused, or likely to be caused, by a failure to comply with a condition of a licence (the reasonable costs and expenses).
(2)The waste manager may give the licensee written notice requiring the licensee to pay a stated amount that is the difference between the reasonable costs and expenses and the realised assurance.
(3)The notice must state the date, not earlier than 20 working days after the date of the notice, by which the stated amount is required to be paid.
(4)Subsection (5) applies if—
(a)the waste manager has given a licensee written notice under subsection (2); and
(b)the licensee has failed to pay the stated amount by the stated date.
(5)Any part of the stated amount that remains unpaid, together with interest on the unpaid amount, is a debt due to the Territory by the holder.
NoteA rate of interest may be determined under s 126 for s (5).
Money held by Territory as financial assurance
(1)If an amount of money is held by the Territory as a financial assurance or part of a financial assurance in relation to a licence, the following provisions apply:
(a)interest accrues on so much of the original amount as from time to time remains unclaimed by the waste manager under section 55 (Claim on or realisation of financial assurance);
NoteA rate of interest may be determined under s 126 for par (a).
(b)for any claim the waste manager may make under section 55, the financial assurance is taken to include any accrued interest other than interest to which the licensee is entitled to be paid under paragraph (c);
(c)during the period the financial assurance is required, on each anniversary of the payment of the original amount, the licensee is entitled to be paid by the Territory so much of the interest that accrued during the year that ended on the day before the anniversary as remains unclaimed by the waste manager under section 55.
(2)Subsection (3) applies if—
(a)the financial assurance is no longer required by the waste manager; or
(b)the licence has ended.
(3)The Territory must pay to the licensee any part of the original amount and accrued interest that remains unclaimed by the waste manager under section 55.
Part 9Codes of practice
Code of practice—approval
(1)The Minister may approve a code of practice in relation to a waste activity.
Examples—codes of practice in relation to a waste activity
1 code of practice for disposal of waste from a demolition or construction site
2 code of practice for collection, handling and treatment of putrescibles waste
3 code of practice for storage and placement for collection of domestic waste
(2)An approved code of practice may apply, adopt or incorporate an instrument, as in force from time to time.
Note 1The text of an applied, adopted or incorporated instrument, whether applied as in force from time to time or at a particular time, is taken to be a notifiable instrument if the operation of the Legislation Act, s 47 (5) or (6) is not disapplied (see s 47 (7)).
Note 2A notifiable instrument must be notified under the Legislation Act.
Note 3A reference to an instrument includes a reference to a provision of an instrument (see Legislation Act, s 14 (2)).
(3)An approved code of practice is a disallowable instrument.
NoteA disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
Failure to comply with approved code of practice
(1)A person commits an offence if—
(a)an approved code of practice applies to the person; and
(b)the person engages in conduct; and
(c)the conduct results in a failure to comply with a requirement of the approved code of practice; and
(d)the person is reckless about whether the conduct complies with the approved code of practice.
Maximum penalty: 100 penalty units.
(2)A person commits an offence if—
(a)an approved code of practice applies to the person; and
(b)the person fails to comply with a requirement of the approved code of practice.
Maximum penalty: 50 penalty units.
(3)An offence against subsection (2) is a strict liability offence.
(4)Subsections (1) and (2) do not apply if—
(a)a written direction has been given to the person under section 62 in relation to the requirement; and
(b)the person has complied with the direction.
NoteThe defendant has an evidential burden in relation to the matters mentioned in s (4) (see Criminal Code, s 58).
Direction to comply with approved code
(1)An authorised person may give a person a written direction to rectify a breach of an approved code of practice if the authorised person believes on reasonable grounds that—
(a)the person has been, is or is likely to be, in breach of a requirement of the code; and
(b)the person has not previously been convicted, or found guilty, of an offence under section 61.
(2)A direction must—
(a)state the requirement of the approved code of practice that has been breached and the conduct constituting the breach; and
(b)state a reasonable time within which the direction must be complied with; and
(c)include a statement that the person may be prosecuted under section 61 if the person fails to comply with the direction.
(3)The authorised person may withdraw a written direction if, after giving the direction to a person, the authorised person discovers that the person has previously been convicted, or found guilty, of an offence under section 61.
Part 10Waste storage and collection
Definitions—pt 10
In this part:
store includes keep.
waste does not include—
(a)sewage; or
(b)a thing prescribed by regulation.
waste collection service means a service for collecting waste.
Waste collection service
(1)The waste manager may—
(a)establish a waste collection service in the Territory, in accordance with a regulation; and
(b)direct that waste collected by a waste collection service be re‑used, recycled or used as landfill.
NoteWords in the singular number include the plural (see Legislation Act, s 145 (b)).
(2)A regulation may make provision in relation to the following:
(a)collection or disposal of waste;
(b)eligibility to operate a waste collection service;
(c)operation of a waste collection service, including responsibilities and liabilities of the service;
(d)storing waste for collection by a waste collection service, including requirements relating to the use or maintenance of containers for storing waste;
(e)entry of people on land for a purpose under this part.
Part 10AContainer deposit scheme
Division 10A.1 General
64AObjects—pt 10A
The objects of this part are to—
(a)establish a cost effective container deposit scheme to assist the beverage industry in reducing and dealing with waste generated by beverage product packaging; and
(b)promote the recovery, reuse and recycling of empty beverage containers.
64BDefinitions—pt 10A
In this part:
beverage—see section 64C.
collection point—see section 64D.
collection point arrangement—see section 64N (1).
collection point operator, for a collection point, means—
(a)if a collection point arrangement is in force for the collection point—the person who has entered into the collection point arrangement with a network operator for the collection point; or
(b)if a collection point arrangement is not in force for the collection point—the network operator who administers and operates the collection point.
container—see section 64E.
container approval means an approval in force under—
(a)section 64V; or
(b)a corresponding law of a State.
corresponding law, of a State, means a law of the State that is prescribed by regulation for this part.
Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to the publication order.
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical.
Republication No and date Effective Last amendment made by Republication for R1
1 July 20171 July 2017‑
21 Dec 2017not amended new Act R2
22 Dec 201722 Dec 2017–
19 Feb 2018A2017‑36 amendments by A2017‑36 R3
20 Feb 201820 Feb 2018–
29 June 2018A2017‑36 amendments by A2017‑36 R4
30 June 201830 June 2018–
1 July 2018A2018‑17 amendments by A2017-36
as amended by A2018-17R5
2 July 20182 July 2018–
22 Oct 2018A2018‑17 expiry of transitional provisions (pt 30) R6
23 Oct 201823 Oct 2018–
10 June 2020A2018‑33 amendments by A2018‑33 R7
11 June 202011 June 2020–
29 June 2020A2020‑22 amendments by A2020‑22 R8
30 June 202030 June 2020–
3 Sept 2020A2020‑22 amendments by A2017-36
as amended by A2018-17R9
4 Sept 20204 Sept 2020–
22 June 2021A2020‑47 amendments by A2020‑47 R10
23 June 202123 June 2021–
23 Aug 2022A2021‑12 amendments by A2021‑12 R11
24 Aug 202224 Aug 2022–
30 June 2024A2022‑14 amendments by A2022‑14
Expired transitional or validating provisions
This Act may be affected by transitional or validating provisions that have expired. The expiry does not affect any continuing operation of the provisions (see Legislation Act 2001, s 88 (1)).
Expired provisions are removed from the republished law when the expiry takes effect and are listed in the amendment history using the abbreviation ‘exp’ followed by the date of the expiry.
To find the expired provisions see the version of this Act before the expiry took effect. The ACT legislation register has point-in-time versions of this Act.
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