Waste Management and Resource Recovery Regulation 2017 (ACT)

Waste Management and Resource Recovery Regulation 2017   

SL2017-20

made under the

Waste Management and Resource Recovery Act 2016

Republication No 5

Effective:  26 November 2025

Republication date: 26 November 2025

Last amendment made by A2025‑13

About this republication

The republished law

This is a republication of the Waste Management and Resource Recovery Regulation 2017, made under 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 26 November 2025.  It also includes any commencement, amendment, repeal or expiry affecting this republished law to 26 November 2025. 

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 Regulation 2017

made under the

Waste Management and Resource Recovery Act 2016

Contents

Page

Part 1      Preliminary

1            Name of regulation  2

3            Dictionary  2

4            Notes  2

5Offences against regulation—application of Criminal Code etc 3

Part 2      Waste facility licences

6            Information for licence application—Act, s 19 (2) (b)  4

7           Entities to be consulted before licence application decision—Act, s 22 (2)  5

7A          Information for register of waste facility licences—Act, s 25 (2) (a)          5

7B          Register of waste facility licences—public information—Act, s 25 (4) (b)     6

Part 3      Waste transporter registration

8            Definitions—pt 3  8

9            Information for registration application—Act, s 31 (2) (b)  8

10          Information for register of waste transporters—Act, s 37 (2) (a)             9

10A         Register of waste transporters—public information—Act, s 37 (4) (b)     10

Part 4      Waste storage, collection etc

Division 4.1              Definitions—pt 4

11          Waste definitions—pt 4  12

11A         Waste manager may declare that certain material is included in a waste definition—Act, s 64 (2) (a), (c) and (d)  13

11B         Waste manager may declare that certain material is excluded from a waste definition—Act, s 64 (2) (a), (c) and (d)  13

11C         Other definitions—pt 4  14

Division 4.2              Responsibilities in dealing with waste

17A         Occupier’s responsibilities  14

17B         Territory waste containers  15

18          Waste segregation—Act, s 64 (2) (a) and (d)  15

19          Failure to keep waste in waste container—Act, s 64 (2) (d)                 16

20          Unhygienic waste container—Act, s 64 (2) (d)  17

21          Unsightly waste—Act, s 64 (2) (d)  17

22          Waste container not closed—Act, s 64 (2) (d)  18

23          Location of waste container—Act, s 64 (2) (d)  18

24          Entry to premises—Act, s 64 (2) (e)  20

Division 4.3              Waste rectification notices

24AA        Waste rectification notice—Act, s 64 (2) (a) and (d)  20

24AB        Responsibilities and liabilities of joint occupiers  22

Division 4.4              Dealing with waste at waste facilities

24AC        Disposal of regulated waste at waste facility  22

24AD        Knowingly dispose of regulated waste at waste facility  23

24AE        Disposal of waste in contravention of sign on or near waste container at waste facility  23

24AF        Interfering with waste etc at waste facility  24

24AG        Failure to comply with direction of waste facility operator  24

24AH        Waste transporter must give information about waste disposed at waste facility        25

24AI         Vehicle-related offences at waste facilities  25

24AJ        Waste escaping from vehicle or equipment  26

Part 4A    Container deposit scheme

Division 4A.1            General

24A         Meaning of corresponding law—Act, s 64B  29

24B         Liquids that are not beverages—Act, s 64C, def beverage, par (b)        29

24C         What is not a container—Act, s 64E, def container, par (b)                 29

24D         Refund amount—Act, s 64F  29

24E         Refund marking—Act, s 64G  30

24F         Suitability requirements—Act, s 64H (5)  30

24G         Contents of scheme arrangements under scheme coordinator agreement—Act, s 64J (4) (b)    32

Division 4A.2            Network arrangements—Act, s 64K (2)

24H         Application for approval of network arrangements  33

24I         Waste manager may request further information  33

24J         Change of information must be provided  33

24K         Decision about application for approval  34

24L         Amendment of network arrangement approval  35

24M         Suspension or revocation of network arrangement approval               36

Division 4A.3            Network operator agreements—Act, s 64N (4)

24N         Definitions—div 4A.3  37

24O         Network operator agreements—performance targets—Act, s 64N (4) (a)  38

24P         Network operator agreements—content of collection point arrangements under agreement—Act, s 64N (4) (b)  38

Division 4A.4            Collection point arrangements—Act, s 64O (2)

24Q         Application for approval of collection point arrangements  40

24R         Waste manager may request further information  40

24S         Change of information must be provided  41

24T         Decision about application for approval  41

24U         Amendment of collection point arrangement approval  43

24V         Suspension or revocation of collection point arrangement approval       43

Division 4A.5            Scheme compliance

24W         Disposal of containers—Act, s 64L (6) (a) and (b)  45

24X         Prescribed information on register—Act, s 64T (4)  46

24Y         Reports by scheme coordinator—Act, s 64U (1) (c)  46

Division 4A.6            Acceptance of containers at collection points

24Z         Circumstances when refund amount not payable by collection point operator—Act, s 64Y (2) (c)  48

24ZA        Refund amounts paid by collection point operators—Act, s 64Y (3)       49

24ZB        Declaration of number of containers—Act, s 64Z (3) (a)  49

24ZC        Records to be kept—Act, s 64Z (4)  49

24ZD        Refund declaration—Act, s 64Z (7)  50

Part 5      Reporting

25          Waste manager may determine waste categories for waste activities     51

25A         Waste activity report information—waste received by waste facility—Act, s 65 (2) (a)    51

25B         Waste activity report information—waste collected from waste facility—Act, s 65 (2) (a)         52

25C         Waste activity report information—registered waste transporter—Act, s 65 (2) (a)       54

26          Reporting period for waste activity report—Act, s 65 (3)  55

Part 5A    Notification and review of decisions

26A         Meaning of reviewable decision—pt 5A  56

26B         Reviewable decision notices  56

26C         Applications for review  56

Part 6      Miscellaneous

27          Waste quantification  57

28          Certain statutory instruments may incorporate another law or instrument  59

Schedule 1 Waste definitions  62

Part 1.1    General  62

1.1          Meaning of electronic waste—sch 1  62

Part 1.2    Domestic recyclable waste  62

Part 1.3    Domestic waste—excluded material  63

Schedule 1A        Container deposit scheme  64

Part 1A.1   Beverages  64

1A.1         Definitions—pt 1A.1  64

1A.2         Liquids that are not beverages—s 24B  65

Part 1A.2   Containers  66

1A.3         Definitions—pt 1A.2  66

1A.4         What is not a container—s 24C  67

Schedule 2 Reviewable decisions  68

Dictionary69

Endnotes

1            About the endnotes  74

2            Abbreviation key  74

3            Legislation history  75

4            Amendment history  76

5            Earlier republications  83

Waste Management and Resource Recovery Regulation 2017

made under the

Waste Management and Resource Recovery Act 2016

Part 1Preliminary

1. Name of regulation

   This regulation is the Waste Management and Resource Recovery Regulation 2017.

2. Dictionary

   The dictionary at the end of this regulation is part of this regulation.

   Note 1The dictionary at the end of this regulation defines certain terms used in this regulation, and includes references (signpost definitions) to other terms defined elsewhere.

   For example, the signpost definition ‘regulated waste—see the Environment Protection Act 1997, schedule 1, section 1.1A.’ means that the term ‘regulated waste’ is defined in that section and the definition applies to this regulation.

   Note 2A definition in the dictionary (including a signpost definition) applies to the entire regulation unless the definition, or another provision of the regulation, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

3. Notes

   A note included in this regulation is explanatory and is not part of this regulation.

   NoteSee the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

4. Offences against regulation—application of Criminal Code etc

   Other legislation applies in relation to offences against this regulation.

   Note 1Criminal Code

   The Criminal Code, ch 2 applies to all offences against this regulation (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.

Part 2Waste facility licences

1. Information for licence application—Act, s 19 (2) (b)

   The following information is prescribed:

   (a)the applicant’s name, business address, email address and telephone number;

   (b)if the applicant operates the business under another name—the applicant’s registered business name and any trading name;

   (c)if the applicant is a partner in a partnership—the partnership’s name;

   (d)if the applicant is not a company registered under the Corporations Act but has an ABN—

   (i)the ABN; and

   (ii)the name, business address, email address and telephone number of each person who is to have day-to-day control of the waste facility’s business;

   (e)if the applicant is a company registered under the Corporations Act—

   (i)the company’s ACN; and

   (ii)the name, business address, email address and telephone number of each director and public officer;

   (f)identifying particulars of land to which the application relates;

   (g)if someone other than the applicant is the lessee of the land—the written consent of the lessee of the land;

   (h)if the application relates to unleased territory land—the written consent of the director-general responsible for the Planning Act 2023;

   (i)the kind of waste activity to be conducted at the facility to which the application relates;

   (j)the waste categories that may be dealt with in the course of waste activity at the facility.

   Examples—par (f)

   1block and section number

   2street address

   Examples—par (i)

   1landfill

   2storage

   3sorting

   4recycling

2. Entities to be consulted before licence application decision—Act, s 22 (2)

   (1)The following entities are prescribed:

   (a)the chief officer (fire and rescue service);

   (b)the environment protection authority;

   (c)if the application relates to a facility for the storing, sorting, treating, processing or disposing of clinical waste—the chief health officer.

   (2)In this section:

   clinical waste—see the Clinical Waste Act 1990, dictionary.

7AInformation for register of waste facility licences—Act, s 25 (2) (a)

The following information is prescribed:

(a)the licensee’s name, business address, email address and telephone number;

(b)if the licensee operates the business under another name—the licensee’s registered business name and any trading name;

(c)if the licensee is a partner in a partnership—the partnership’s name;

(d)if the licensee is not a company registered under the Corporations Act but has an ABN—

(i)the ABN; and

(ii)the name, business address, email address and telephone number of each person who has day-to-day control of the waste facility’s business;

(e)if the licensee is a company registered under the Corporations Act—

(i)the company’s ACN; and

(ii)the name, business address, email address and telephone number of each director and public officer;

(f)identifying particulars of the land on which the waste facility is located;

(g)the waste categories that may be dealt with in the course of waste activity at the facility;

(h)the licence’s unique identifying number;

(i)the end day stated in the licence.

7BRegister of waste facility licences—public information—Act, s 25 (4) (b)

(1)The following information is prescribed:

(a)the licence’s unique identifying number;

(b)the licensee’s name;

(c)the street address of the waste facility;

(d)the licensee’s business telephone number;

(e)the licensee’s business email address;

(f)if the licensee is not a company registered under the Corporations Act but has an ABN—the ABN;

(g)if the licensee is a company registered under the Corporations Act—the company’s ACN;

(h)the waste categories that may be dealt with in the course of waste activity at the facility;

(i)the end day stated in the licence.

(2)However, if the licensee operates the business under a name other than their name—

(a)the information mentioned in subsection (1) (b) is not prescribed; and

(b)the licensee’s registered business name and any trading name is prescribed.

Part 3Waste transporter registration

1. Definitions—pt 3

   In this part:

   manufacturer means a person who carries on the business of making or assembling vehicles.

   model designation, for a vehicle of a particular model, means the words, figures, letters or other symbols (if any) applied by the manufacturer of the vehicle to describe or identify a vehicle of that model.

2. Information for registration application—Act, s 31 (2) (b)

   The following information is prescribed:

   (a)the applicant’s name, business address, email address and telephone number;

   (b)if the applicant operates the business under another name—the applicant’s registered business name and any trading name;

   (c)if the applicant is a partner in a partnership—the partnership’s name;

   (d)if the applicant is not a company registered under the Corporations Act but has an ABN—

   (i)the ABN; and

   (ii)the name, business address, email address and telephone number of each person who is to have day-to-day control of the waste transporter’s business;

   (e)if the applicant is a company registered under the Corporations Act—

   (i)the company’s ACN; and

   (ii)the name, business address, email address and telephone number of each director and public officer;

   (f)the waste categories to be transported;

   (g)the following particulars for each vehicle to be used by the applicant, or an employee or agent of the applicant, for transporting waste:

   (i)manufacturer;

   (ii)vehicle type, model designation and year of manufacture;

   (iii)registration details.

3. Information for register of waste transporters—Act, s 37 (2) (a)

   The following information is prescribed:

   (a)the registered waste transporter’s name, business address, email address and telephone number;

   (b)if the registered waste transporter operates the business under another name—the transporter’s registered business name and any trading name;

   (c)if the registered waste transporter is a partner in a partnership—the partnership’s name;

   (d)if the registered waste transporter is not a company registered under the Corporations Act but has an ABN—

   (i)the ABN; and

   (ii)the name, business address, email address and telephone number of each person who has day-to-day control of the registered waste transporter’s business;

   (e)if the registered waste transporter is a company registered under the Corporations Act—

   (i)the company’s ACN; and

   (ii)the name, business address, email address and telephone number of each director and public officer;

   (f)the waste categories transported by the registered waste transporter;

   (g)the following particulars of each vehicle used by the registered waste transporter, or an employee or agent of the transporter, for transporting waste:

   (i)manufacturer;

   (ii)vehicle type, model designation and year of manufacture;

   (iii)registration details.

   (h)the registered waste transporter’s registration number;

   (i)the end day stated in the registration.

10ARegister of waste transporters—public information—Act, s 37 (4) (b)

(1)The following information is prescribed:

(a)the registered waste transporter’s registration number;

(b)the registered waste transporter’s name;

(c)the registered waste transporter’s business address;

(d)the registered waste transporter’s business telephone number;

(e)the registered waste transporter’s business email address;

(f)if the registered waste transporter is not a company registered under the Corporations Act but has an ABN—the ABN;

(g)if the registered waste transporter is a company registered under the Corporations Act—the company’s ACN;

(h)the waste categories transported by the registered waste transporter;

(i)the end day stated in the registration.

(2)However, if the registered waste transporter operates the business under a name other than their name—

(a)the information mentioned in subsection (1) (b) is not prescribed; and

(b)the transporter’s registered business name and any trading name is prescribed.

Part 4Waste storage, collection etc

Division 4.1               Definitions—pt 4

1. Waste definitions—pt 4

   In this part:

   domestic recyclable waste—

   (a)means—

   (i)the material mentioned in schedule 1, part 1.2, column 2; and

   (ii)any material included under section 11A (1) (a); but

   (b)does not include any material excluded under section 11B (1) (a).

   domestic waste—

   (a)means waste from residential premises, and includes domestic recyclable waste and organic waste; but

   (b)does not include—

   (i)material mentioned in schedule 1, part 1.3, column 2; or

   (ii)any material excluded under section 11B (1) (b).

   garden waste means plant material generated on urban land.

   organic waste—

   (a)means—

   (i)garden waste; and

   (ii)any material included under section 11A (1) (b); but

   (b)does not include any material excluded under section 11B (1) (c).

11AWaste manager may declare that certain material is included in a waste definition—Act, s 64 (2) (a), (c) and (d)

(1)The waste manager may declare that—

(a)a stated material is domestic recyclable waste for section 11, definition of domestic recyclable waste, paragraph (a) (ii); or

(b)a stated compostable material is organic waste for section 11, definition of organic waste, paragraph (a) (ii).

(2)The waste manager may make a declaration under subsection (1) (b) for a stated area in the ACT for a stated period.

(3)A declaration under this section is a notifiable instrument.

11BWaste manager may declare that certain material is excluded from a waste definition—Act, s 64 (2) (a), (c) and (d)

(1)The waste manager may declare that—

(a)a stated material is not domestic recyclable waste for section 11, definition of domestic recyclable waste, paragraph (b); or

(b)a stated material is not domestic waste for section 11, definition of domestic waste, paragraph (b) (ii); or

(c)a stated compostable material is not organic waste for section 11, definition of organic waste, paragraph (b).

(2)The waste manager may only make a declaration under this section if satisfied the declaration is necessary for—

(a)the effective or safe collection, storage or disposal of waste; or

(b)the effective or safe operation of a waste collection service.

(3)A declaration under this section is a notifiable instrument.

11COther definitions—pt 4

In this part:

occupier, of premises, includes the following:

(a)a person living at the premises;

(b)a person apparently in charge of the premises;

(c)the owner or manager of a business carried out at the premises.

territory waste container means a container given to an occupier by the Territory—

(a)for use in connection with the storage and collection of waste; and

(b)for regular collection by a waste collection service.

waste container includes a territory waste container.

waste rectification notice means a notice under section 24AA (1).

Division 4.2               Responsibilities in dealing with waste

17AOccupier’s responsibilities

An occupier has a responsibility to—

(a)keep or store waste created on, or in relation to, the premises safely and appropriately; and

(b)dispose of waste in a way that permits the effective and safe operation of waste collection services and waste reuse or recycling services; and

(c)use territory waste containers and waste facilities properly.

17BTerritory waste containers

(1)A territory waste container given to an occupier by the Territory remains the property of the Territory.

(2)Waste placed in a territory waste container becomes the property of the Territory when the container is placed for collection by a waste collection service.

1. Waste segregation—Act, s 64 (2) (a) and (d)

   (1)A person commits an offence if—

   (a)the person places waste in a domestic waste container; and

   (b)the waste is not domestic waste.

   Maximum penalty:  5 penalty units.

   (2)A person commits an offence if—

   (a)the person places waste in a domestic recyclable waste container; and

   (b)the waste is not domestic recyclable waste.

   Maximum penalty:  5 penalty units.

   (3)A person commits an offence if—

   (a)the person places waste in an organic waste container; and

   (b)the waste is not organic waste.

   Maximum penalty:  5 penalty units.

   (4)An offence against this section is a strict liability offence.

   (5)In this section:

   domestic recyclable waste container means a territory waste container designated for domestic recyclable waste only.

   domestic waste container means a territory waste container designated for domestic waste only.

   organic waste container means a territory waste container designated for organic waste only.

2. Failure to keep waste in waste container—Act, s 64 (2) (d)

   (1)A person commits an offence if the person—

   (a)is an occupier of premises; and

   (b)keeps waste on the premises; and

   (c)fails to keep the waste in a waste container.

   Maximum penalty:  10 penalty units.

   (2)An offence against this section is a strict liability offence.

   (3)This section does not apply if the waste is placed by the occupier on the premises for collection in accordance with an authorised waste collection arrangement.

   NoteThe defendant has an evidential burden in relation to the matter mentioned in s (3) (see Criminal Code, s 58).

   (4)In this section:

   authorised waste collection arrangement means a waste collection service authorised by the Territory that is not a regular waste collection service.

   Example

   bulky waste collection arrangement

3. Unhygienic waste container—Act, s 64 (2) (d)

   (1)A person commits an offence if—

   (a)the person is an occupier of premises; and

   (b)the person uses a waste container for storing waste on the premises; and

   (c)the container—

   (i)is in an unhygienic condition; or

   (ii)causes unhygienic conditions.

   Maximum penalty:  10 penalty units.

   (2)An offence against this section is a strict liability offence.

   (3)In this section:

   public health—see the Public Health Act 1997, dictionary.

   unhygienic condition means a condition that a reasonable person would consider to be, or likely to become, a risk to public health or offensive to community health standards.

4. Unsightly waste—Act, s 64 (2) (d)

   (1)A person commits an offence if—

   (a)the person is an occupier of premises; and

   (b)the person keeps waste on the premises; and

   (c)the waste, or a significant part of the waste, is clearly visible from other premises, including land to which the public has access; and

   (d)the waste is unsightly.

   Maximum penalty:  10 penalty units.

   (2)An offence against this section is a strict liability offence.

5. Waste container not closed—Act, s 64 (2) (d)

   (1)A person commits an offence if the person—

   (a)is an occupier of premises; and

   (b)stores waste in a waste container for the premises; and

   (c)fails to ensure that—

   (i)if the waste container is not a territory waste container—the waste container is fitted with a lid that can be closed; or

   (ii)the lid of the waste container is closed.

   Maximum penalty:  10 penalty units.

   (2)An offence against this section is a strict liability offence.

   (3)This section does not apply if the waste container is provided by the occupier for use by members of the public in a public area of the premises.

   NoteThe defendant has an evidential burden in relation to the matters mentioned in s (3) (see Criminal Code, s 58).

   (4)In this section:

   public area, of premises, means an area of the premises that is open to the public.

6. Location of waste container—Act, s 64 (2) (d)

   (1)A person commits an offence if the person—

   (a)is an occupier of premises; and

   (b)stores waste in a territory waste container for the premises; and

   (c)fails to ensure—

   (i)the container is kept within the property boundary for the premises; or

   (ii)the container is placed where a waste collection service has unobstructed access to the container on waste collection day.

   Maximum penalty:  10 penalty units.

   (2)An offence against this section is a strict liability offence.

   (3)Subsection (1) (c) (i) does not apply if the territory waste container has been removed from the property boundary—

   (a)for—

   (i)collection of waste by a waste collection service; and

   (ii)a reasonable period before or after a waste collection service is scheduled to empty waste from the container; or

   (b)if the container has been damaged or is unwanted—for collection of the container.

   NoteThe defendant has an evidential burden in relation to the matters mentioned in s (3) (see Criminal Code, s 58).

   (4)Subsection (1) (c) (ii) does not apply if at the time the territory waste container was placed for collection by a waste collection service, reasonable steps were taken to ensure the service had unobstructed access to the container.

   NoteThe defendant has an evidential burden in relation to the matters mentioned in s (4) (see Criminal Code, s 58).

   (5)In this section:

   waste collection day, for a territory waste container, means a day on which a waste collection service is scheduled to collect waste from the container.

7. Entry to premises—Act, s 64 (2) (e)

   (1)An employee or agent of an entity that provides a waste collection service may at any reasonable time enter premises for the purpose of carrying out the service.

   (2)In this section:

   premises does not include any part of a building or structure used for residential purposes.

   NoteThe Act, pt 13 (Enforcement), includes provisions dealing with the power of authorised people to enter to premises and search warrants.

Division 4.3               Waste rectification notices

24AAWaste rectification notice—Act, s 64 (2) (a) and (d)

(1)An authorised person may give an occupier of premises written notice (a waste rectification notice) if the authorised person believes on reasonable grounds that the occupier’s conduct in relation to waste storage or collection on the premises is an offence against this part.

(2)A waste rectification notice must state the following:

(a)that it is a waste rectification notice under this section;

(b)a unique identifying number for the notice;

(c)the name of the occupier, and a description of the premises, that are the subject of the notice;

Examples—description of premises

1the street address

2the distinguishing number or name given to a division, block or section under the Districts Act 2002, and on which the premises are located to describe the land 

(d)the grounds on which the notice is given, including—

(i)the occupier’s alleged conduct; and

(ii)the offence against this part the occupier is believed to have committed;

(e)that the occupier take action stated in the notice (rectification action) before the day stated in the notice (the compliance day);

(f)particulars of the rectification action and compliance day;

(g)that the occupier may be prosecuted for an offence against this part if the occupier fails to take the rectification action before the compliance day;

(h)contact details for the authorised person who gave the notice.

NoteFor how documents may be given, see the Legislation Act, pt 19.5.

(3)When deciding the compliance day for the notice, the authorised person must—

(a)take into account the need to—

(i)reduce any risk to public health; and

(ii)allow a reasonable time for an occupier to carry out the rectification action in the circumstances; and

(b)not state a day that is less than 2 days after the day the notice is given to the occupier.

(4)If the identity of the occupier is not known to the authorised person at the time the notice is given, the waste rectification notice may be addressed to ‘the occupier’ or ‘the householder’.

24ABResponsibilities and liabilities of joint occupiers

(1)If a waste rectification notice may be given to an occupier of premises in relation to a matter, the same notice may also be given to another occupier of the premises in relation to the same matter if there are reasonable grounds for believing—

(a)that the other occupier has also engaged in the conduct that is the subject of the matter in the notice; or

(b)if the occupier or occupiers engaging in the conduct cannot be identified—each is an occupier at the premises where the conduct happened.

(2)If a proceeding is started against an occupier of premises for an offence against this part, a proceeding for the same offence may also be started against another occupier of the premises.

Division 4.4               Dealing with waste at waste facilities

24ACDisposal of regulated waste at waste facility

(1)A person commits an offence if—

(a)a waste facility displays a sign stating that—

(i)regulated waste is not accepted at the facility; or

(ii)only certain regulated waste is accepted at the facility; and

(b)the sign is clearly visible to a person disposing of regulated waste at the facility; and

(c)the person disposes of regulated waste at the facility in contravention of the sign.

Maximum penalty:  10 penalty units.

(2)An offence against this section is a strict liability offence.

24ADKnowingly dispose of regulated waste at waste facility

A person commits an offence if—

(a)a waste facility does not accept regulated waste; and

(b)the person disposes of regulated waste at the waste facility; and

(c)the person knows, or ought reasonably to know, that—

(i)the waste is regulated waste; and

(ii)the waste facility does not accept regulated waste.

Maximum penalty:  40 penalty units.

24AEDisposal of waste in contravention of sign on or near waste container at waste facility

(1)A person must not dispose of waste at a waste facility in a way that contravenes a sign displayed on or near a waste container in the facility.

Maximum penalty:  20 penalty units.

(2)A sign must include a statement that it is an offence under this section if a person contravenes the sign.

(3)A person must not remove, alter or cover a sign on or near a waste container at a waste facility without the written consent of the waste manager or licensee.

Maximum penalty:  5 penalty units.

(4)An offence against this section is a strict liability offence.

24AFInterfering with waste etc at waste facility

(1)A person commits an offence if—

(a)the person damages or contaminates waste in a waste facility; and

(b)as a result of that conduct the waste is unsuitable for its intended waste processing.

Maximum penalty:  10 penalty units.

Example—par (b)

motor oil contaminating cardboard intended for recycling

(2)A person must not, without the consent of the operator of a waste facility—

(a)enter an area in the waste facility in contravention of a sign at the facility; or

(b)remove waste from a waste container in the waste facility; or

(c)damage or alter a waste container or any part of the waste facility.

Maximum penalty:  5 penalty units.

(3)An offence against this section is a strict liability offence.

24AGFailure to comply with direction of waste facility operator

(1)A person commits an offence if—

(a)the person is collecting or disposing of waste at a waste facility; and

(b)the operator of the facility gives the person a reasonable direction while the person is at the facility; and

(c)the person fails to comply with the direction.

Maximum penalty:  10 penalty units.

(2)An offence against this section is a strict liability offence.

24AHWaste transporter must give information about waste disposed at waste facility

(1)A waste transporter disposing of waste at a waste facility must give the operator of the facility information about the amount of waste and waste category for the waste.

Maximum penalty:  10 penalty units.

(2)An offence against this section is a strict liability offence.

NoteIt is an offence to make a false or misleading statement, give false or misleading information or produce a false or misleading document (see Criminal Code, pt 3.4).

24AIVehicle-related offences at waste facilities

(1)This section applies if a person commits an offence under any of the following sections in relation to a waste facility:

(a)section 24AC (1) (Disposal of regulated waste at waste facility);

(b)section 24AE (1) or (3) (Disposal of waste in contravention of sign on or near waste container at waste facility);

(c)section 24AF (1), (2) (a), (2) (b) or (2) (c) (Interfering with waste etc at waste facility);

(d)section 24AG (1) (Failure to comply with direction of waste facility operator).

(2)For the Magistrates Court Act 1930, division 3.8.3 (Additional provisions for vehicle-related offences), an offence mentioned in subsection (1) is taken to involve a vehicle if the person commits the offence—

(a)after exiting a vehicle in or near the waste facility; or

(b)before entering a vehicle in or near the waste facility.

NoteThe Magistrates Court (Waste Management and Resource Recovery Infringement Notices) Regulation 2017 contains further provisions relating to vehicle-related offences.

24AJWaste escaping from vehicle or equipment

(1)A person commits an offence if—

(a)the person is a waste transporter; and

(b)the person, or an employee or agent of the person, operates a vehicle or equipment; and

(c)the vehicle or equipment is being operated—

(i)to transport or collect waste; and

(ii)in circumstances, or in a way, in which there is a reasonable likelihood that waste will escape from the vehicle or equipment when operated.

Maximum penalty:  20 penalty units.

Examples—par (c) (ii)

1     a container mounted on the vehicle or equipment is not secured safely to the vehicle or equipment during transportation of waste

2     waste that is likely to be blown, or otherwise escape, from the vehicle or equipment if uncovered during its transportation is not covered during its transportation

NotePerson includes an unincorporated body (see Act, dict).

(2)A person commits an offence if—

(a)the person is a waste transporter; and

(b)the person, or an employee or agent of the person, operates a vehicle or equipment; and

(c)the vehicle or equipment is being operated to transport or collect waste; and

(d)waste escapes from the vehicle or equipment.

Maximum penalty:  20 penalty units.

(3)If the person mentioned in subsection (1) or (2) is a partnership, each partner in the partnership commits an offence.

(4)It is a defence to a prosecution for an offence against subsection (1) or (2) if the defendant proves—

(a)that—

(i)the defendant did not know about the employee or agent operating the vehicle or equipment; and

(ii)reasonable precautions were taken and appropriate diligence was exercised to prevent waste escaping from the vehicle or equipment; or

(b)if the defendant is a partner—the defendant was not in a position to influence the other partners in relation to ensuring waste would not escape from the vehicle or equipment.

NoteThe defendant has a legal burden in relation to the matters mentioned in s (4) (see Criminal Code, s 59).

(5)In this section:

equipment means any apparatus, device, machine, mechanism, dredge, or crane.

escapes includes leaks or spills.

vehicle means any means of transport and includes a vessel or a unit of rolling stock.

Part 4AContainer deposit scheme

Division 4A.1            General

24AMeaning of corresponding law—Act, s 64B

The following are corresponding laws:

(a)for New South Wales—the Waste Avoidance and Resource Recovery Act 2001 (NSW);

(b)for the Northern Territory—the Environment Protection (Beverage Containers and Plastic Bags) Act 2011 (NT);

(c)for Queensland—the Waste Reduction and Recycling Act 2011 (Qld);

(d)for South Australia—the Environment Protection Act 1993 (SA);

(e)for Western Australia—the Waste Avoidance and Resource Recovery Act 2007 (WA).

24BLiquids that are not beverages—Act, s 64C, def beverage, par (b)

A liquid mentioned in schedule 1A, section 1A.2, column 2 is not a beverage.

24CWhat is not a container—Act, s 64E, def container, par (b)

A container designed to contain a beverage type mentioned in schedule 1A, section 1A.4, column 2, in a size mentioned in schedule 1A, section 1A.4, column 3, is not a container.

24DRefund amount—Act, s 64F

The refund amount is 10 cents.

24ERefund marking—Act, s 64G

(1)The refund marking is the deposit statement marked or labelled on the container in legible characters.

(2)In this section:

deposit statement means the following statement:

‘10c refund at collection depots/points in participating State/Territory of purchase’.

24FSuitability requirements—Act, s 64H (5)

(1)In deciding whether a person is a suitable person to be a scheme coordinator or network operator, the Minister must consider the following:

(a)whether the person has been convicted, or found guilty, of an offence against a relevant law;

(b)whether the person has contravened a provision of a scheme administration agreement under the Act or a corresponding law of a State;

(c)if the applicant is a corporation—whether a director of the corporation is or has been a director of another corporation that has contravened a provision of—

(i)a relevant law; or

(ii)a scheme administration agreement under the Act or a corresponding law of a State;

(d)whether the person has been convicted, or found guilty, in the last 5 years, whether in the ACT or elsewhere, of an offence involving fraud or dishonesty;

(e)whether the person is, or at any time in the last 3 years has been, bankrupt or personally insolvent;

NoteBankrupt or personally insolvent—see the Legislation Act, dictionary, pt 1.

(f)if the applicant is an individual—whether the person has, at any time in the last 3 years, been involved in the management of a corporation when—

(i)the corporation became the subject of a winding-up order; or

(ii)a controller or administrator was appointed;

(g)if the applicant is a corporation—whether the corporation—

(i)is the subject of a winding-up order; or

(ii)has had a controller or administrator appointed at any time in the last 3 years;

(h)whether, in the opinion of the Minister, the person has the knowledge, skills and experience required to fulfil the person’s obligations as a scheme coordinator or network operator;

(i)whether the person can demonstrate the financial capacity to comply with the person’s obligations under the proposed agreement;

(j)whether the person is in a partnership, in relation to activities that are subject to a scheme administration agreement or proposed agreement, with a person the Minister decides is not a suitable person to be a scheme coordinator or network operator.

(2)If the applicant is a corporation, a reference in subsection (1) (a) or (h) to a person includes a reference to a director of the corporation.

(3)In this section:

relevant law means—

(a)the Act; and

(b)the Environment Protection Act 1997; and

(c)the Litter Act 2004.

24GContents of scheme arrangements under scheme coordinator agreement—Act, s 64J (4) (b)

A network arrangement must include the following:

(a)the name, address and contact details of each party to the agreement;

(b)the following information about a collection point under the arrangement:

(i)the address of the collection point;

(ii)the operating hours for the collection point;

(iii)information relating to any approval required under the Planning Act 2023 and whether the approval is held or has been applied for;

(c)if the network operator must hold a waste facility licence for the collection point—

(i)details of the licence; or

(ii)if the network operator has applied for a waste facility licence and the application has not been refused but not yet approved—a statement to that effect;

(d)a requirement that parties to the arrangement must comply with the Territory privacy principles.

Division 4A.2            Network arrangements—Act, s 64K (2)

24HApplication for approval of network arrangements

An application for approval of a network arrangement must be accompanied by a copy of the arrangement signed by both parties.

24IWaste manager may request further information

(1)The waste manager may, by written notice, require the applicant for approval of a network arrangement to give the waste manager more information—

(a)that the waste manager believes on reasonable grounds is 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.

24JChange of information must be provided

(1)This section applies if the information in an application for approval of a network arrangement changes before the application is decided.

(2)The applicant must give the waste manager written notice of the particulars of the change.

24KDecision about application for approval

(1)The waste manager must, within the required time after the waste manager receives an application for approval of a network arrangement—

(a)approve the arrangement; or

(b)refuse to approve the arrangement.

Note 1Failure to approve an arrangement within the required time is taken to be a decision not to approve the arrangement (see ACT Civil and Administrative Tribunal Act 2008, s 12).

Note 2A decision under s (1) (b) is a reviewable decision (see s 26A).

(2)In deciding whether to approve a network arrangement, the waste manager may consider—

(a)whether the arrangement complies with the requirements of the Act; and

(b)whether the agreement requires the parties to the arrangement to comply with the Territory privacy principles; and

(c)for a collection point operated by the network operator under the arrangement—information relating to any approval required under the Planning Act 2023 and whether the approval is held or has been applied for.

(3)The waste manager may approve a network arrangement subject to conditions.

Note A decision under s (3) is a reviewable decision (see s 26A).

(4)An approval of a network arrangement must—

(a)be in writing; and

(b)include the following:

(i)the names of the parties to the arrangement;

(ii)the date the approval expires;

(iii)the conditions (if any) of the approval.

(5)If the waste manager refuses to approve a network arrangement, the waste manager must refund any fee paid in relation to the application.

(6)In this section:

required time means—

(a)if the waste manager requires the applicant to give further information under section 24I—56 days after the day the applicant gives the information to the waste manager; or

(b)in any other case—56 days after the day the waste manager receives the application.

24LAmendment of network arrangement approval

(1)The waste manager may, by written notice, amend the approval of a network operator arrangement by—

(a)amending a condition imposed by the waste manager under section 24K (3); or

(b)imposing a further condition on the approval.

Note A decision under s (1) is a reviewable decision (see s 26A).

(2)The waste manager must give the notice to each party to the network arrangement.

(3)An amendment takes effect on—

(a)the day the notice is given; or

(b)if a later day is stated in the notice—the later day.

24MSuspension or revocation of network arrangement approval

(1)The waste manager may suspend or revoke the approval of a network arrangement if—

(a)a party to the arrangement contravenes a condition of the approval; or

(b)a party to the arrangement contravenes a provision of the Act, part 10A (Container deposit scheme); or

(c)the network arrangement has expired or been terminated and the waste manager is satisfied there is no unresolved dispute between the parties to the arrangement in relation to the expiry or termination.

(2)The waste manager must give the parties to the arrangement written notice (a show cause notice) of an intention to suspend or revoke the approval of the network arrangement, stating—

(a)the ground for suspension or revocation; and

(b)that the approval holder may, within 14 days after the day the holder is given the notice, give a written submission to the waste manager about the proposed suspension or revocation.

(3)The waste manager must consider any submission received by the waste manager in response to the show cause notice when making a decision to suspend or revoke the approval of the network arrangement.

(4)The waste manager may suspend or revoke the approval of the network arrangement if the waste manager—

(a)has given a show cause notice to the approval holder; and

(b)has considered any reasons given by the approval holder in response to the show cause notice; and

(c)is satisfied that the ground for suspension or revocation exists.

NoteA decision under s (4) is a reviewable decision (see s 26A).

(5)The suspension or revocation takes effect—

(a)on the day the waste manager gives the approval holder written notice that the approval of the network arrangement is suspended or revoked; or

(b)if a later day is stated in the notice of suspension or revocation—the later day.

Division 4A.3            Network operator agreements—Act, s 64N (4)

24NDefinitions—div 4A.3

In this division:

bulk delivery, of containers, means a delivery of 1 500 or more containers.

catchment area means an industrial catchment area or a residential catchment area.

commencement day means the day on which this section commences.

district means a district under the Districts Act 2002, section 5.

Note The districts set out in the Districts Act 1966 (repealed), sch are taken to be districts created under the Districts Act 2002, s 5.

division means a division under the Districts Act 2002, section 6.

industrial catchment area means—

(a)the division of Fyshwick in the Canberra Central district and the division of Hume in the Tuggeranong district; or

(b)the division of Mitchell in the Gungahlin district.

residential catchment area means—

(a)the Belconnen district; or

(b)the division of Oaks Estate and the Canberra Central district (excluding the division of Fyshwick); or

(c)the division of Hall and the Gungahlin district (excluding the division of Mitchell); or

(d)the Molonglo Valley district, Weston Creek district and Woden Valley district; or

(e)the division of Tharwa and the Tuggeranong district (excluding the division of Hume).

24ONetwork operator agreements—performance targets—Act, s 64N (4) (a)

A network operator agreement must—

(a)include performance targets; and

(b)state the period the performance targets apply for; and

(c)state a way to determine whether the performance targets have been met.

24PNetwork operator agreements—content of collection point arrangements under agreement—Act, s 64N (4) (b)

A collection point arrangement must include the following:

(a)the name, address and contact details of each party to the arrangement;

(b)information about whether the collection point operator is an ACNC registered entity;

(c)information about the number of collection points in each catchment area;

(d)for a collection point operated by an ACNC registered entity—information about the operating hours for the collection point;

(e)for any other collection point—a requirement that the collection point be open—

(i)on a weekday, other than a public holiday—for at least 7 hours between 7 am and 7 pm; and

(ii)on a Saturday and Sunday, other than on a public holiday—for at least 6 hours on each day between 8 am and 5 pm; and

(iii)on a public holiday, other than Good Friday or Christmas day—for at least 5 hours between 9 am and 5 pm;

(f)the following information about each collection point under the arrangement:

(i)the location of the collection point;

(ii)whether the collection point is accessible by public transport;

(iii)whether the collection point complies with any requirements in the territory plan that relate to access or mobility for people with disability;

(iv)for a collection point within an industrial catchment area—the number of bulk deliveries of containers that the collection point is capable of accepting;

(v)for a collection point within a residential catchment area—whether the collection point is capable of accepting containers from, and providing refunds to, the residents of the catchment area, or an equivalent number of people, within a reasonable time;

(vi)the kind of containers that may be redeemed at the collection point;

(g)information about whether the collection points under the arrangement will offer employment opportunities for people with disability;

(h)information relating to any approval required under the Planning Act 2023 and whether the approval is held or has been applied for;

(i)if the collection point operator must hold a waste facility licence for a collection point—

(i)details of the licence; or

(ii)if the network operator has applied for a waste facility licence and the application has not been refused but not yet approved—a statement to that effect;

(j)a requirement that parties to the arrangement must comply with the Territory privacy principles.

Division 4A.4            Collection point arrangements—Act, s 64O (2)

24QApplication for approval of collection point arrangements

An application for approval of a collection point arrangement must be accompanied by a copy of the collection point arrangement signed by the parties.

24RWaste manager may request further information

(1)The waste manager may, by written notice, require that the applicant for approval of a collection point arrangement gives the waste manager more information—

(a)that the waste manager believes on reasonable grounds is 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.

24SChange of information must be provided

(1)This section applies if the information in an application for approval of a collection point arrangement changes before the application is decided.

(2)The applicant must give the waste manager written notice of the particulars of the change.

24TDecision about application for approval

(1)The waste manager must, within the required time after the waste manager receives an application for approval of a collection point arrangement—

(a)approve the arrangement; or

(b)refuse to approve the arrangement.

Note 1Failure to approve an arrangement within the required time is taken to be a decision not to approve the arrangement (see ACT Civil and Administrative Tribunal Act 2008, s 12).

Note 2A decision under s (1) (b) is a reviewable decision (see s 26A).

(2)In deciding whether to approve a collection point arrangement, the waste manager may consider the following:

(a)whether the arrangement complies with the requirements of the Act;

(b)whether the arrangement requires each party to the arrangement to comply with the Territory privacy principles;

(c)whether any necessary development approval under the Planning Act 2023 has been, or is likely to be, obtained in relation to the activities authorised or required under the arrangement;

(d)whether the collection points under the arrangement will offer employment opportunities for people with disabilities;

(e)whether the arrangement provides reasonable access to collection points in the ACT, taking into account—

(i)the number of collection points in each catchment area; and

(ii)the operating hours for collection points in each catchment area; and

(iii)the information about each collection point under section 24P (f);

(f)whether the collection point operator is an ACNC registered entity.

(3)The waste manager may approve a collection point arrangement subject to conditions.

Note A decision under s (3) is a reviewable decision (see s 26A).

(4)An approval of a collection point arrangement must—

(a)be in writing; and

(b)include the following:

(i)the names of the parties to the arrangement;

(ii)the date the approval expires;

(iii)the conditions (if any) of the approval.

(5)If the waste manager refuses to approve a collection point arrangement, the waste manager must refund any fee paid in relation to the application.

(6)In this section:

required time means—

(a)if the waste manager requires the applicant to give further information under section 24R—56 days after the day the applicant gives the information to the waste manager; or

(b)in any other case—56 days after the day the waste manager receives the application.

24UAmendment of collection point arrangement approval

(1)The waste manager may, by written notice, amend the approval of a collection point arrangement by—

(a)amending a condition imposed by the waste manager under section 24T (3); or

(b)imposing a condition on the approval.

NoteA decision under s (1) is a reviewable decision (see s 26A).

(2)The waste manager must give the notice to each party to the collection point arrangement.

(3)An amendment takes effect on—

(a)the day the notice is given; or

(b)if a later day is stated in the notice—the later day.

24VSuspension or revocation of collection point arrangement approval

(1)The waste manager may suspend or revoke the approval of a collection point arrangement if—

(a)the approval holder contravenes a condition of the approval; or

(b)the approval holder contravenes a provision of the Act, part 10A (Container deposit scheme); or

(c)the approval holder—

(i)is given written notice of an approval fee; and

(ii)fails to pay the approval fee by the date stated in the notice; or

(d)the collection point arrangement has expired or been terminated and the waste manager is satisfied there is no unresolved dispute between the parties to the arrangement in relation to the expiry or termination.

(2)The waste manager must give the approval holder written notice (a show cause notice) of an intention to suspend or revoke the approval of the collection point arrangement, stating—

(a)the ground for suspension or revocation; and

(b)that the approval holder may, within 14 days after the day the holder is given the notice, give a written submission to the waste manager about the proposed suspension or revocation.

(3)The waste manager must consider any submission received by the waste manager in response to the show cause notice when making a decision to suspend or revoke the approval of the collection point arrangement.

(4)The waste manager may suspend or revoke the approval of the collection point arrangement if the waste manager—

(a)has given a show cause notice to the approval holder; and

(b)has considered any reasons given by the approval holder in response to the show cause notice; and

(c)is satisfied the ground for suspension or revocation exists.

Note A decision under s (4) is a reviewable decision (see s 26A).

(5)The suspension or revocation takes effect—

(a)on the day the waste manager gives the approval holder written notice that the approval of the collection point arrangement is suspended or revoked; or

(b)if a later day is stated in the notice of suspension or revocation—the later day.

Division 4A.5            Scheme compliance

24WDisposal of containers—Act, s 64L (6) (a) and (b)

(1)A material recovery facility operator commits an offence if—

(a)the operator claims a processing refund for a container; and

(b)the container is disposed of to landfill.

Maximum penalty:  15 penalty units.

(2)An offence against subsection (1) is a strict liability offence.

(3)A material recovery facility operator commits an offence if the operator—

(a)negligently lets a container be disposed of to landfill; and

(b)claims a processing refund for the container.

Maximum penalty:  30 penalty units.

(4)A material recovery facility operator commits an offence if the operator—

(a)knows a container is disposed of to landfill; and

(b)claims a processing refund for the container.

Maximum penalty:  40 penalty units.

(5)This section does not apply to the disposal of a part of a container if—

(a)the container is consigned for transport to a recycling facility that recycles containers of that kind; and

(b)the part of the container is not capable of being recycled at the facility.

(6)In this section:

processing refund—see the Act, section 64L (1).

recycling facility means premises, in or outside the ACT, where the processing of containers for reuse or recycling is lawfully carried out.

24XPrescribed information on register—Act, s 64T (4)

If the register is kept electronically, the register must include information about whether each collection point is—

(a)currently available to accept containers; or

(b)currently unavailable to accept containers.

24YReports by scheme coordinator—Act, s 64U (1) (c)

The following matters are prescribed:

(a)the number of containers for which refund amounts have been paid by collection point operators at collection points during the reporting period;

(b)the number of containers for which refund amounts have been paid by the scheme coordinator to a material recovery facility operator during the reporting period;

(c)the number and location of collection points for which the network operator has collection point arrangements in force at any time during the reporting period;

(d)the number of suppliers in relation to whom a supply arrangement has been in force at any time during the reporting period and the total number of containers that have been supplied during that period by those suppliers;

(e)the amounts paid to the network operator under a network arrangement during the reporting period;

(f)the total operating costs of the scheme coordinator for the reporting period;

(g)the arrangements made by the scheme coordinator during the reporting period for the protection of the confidentiality of commercial information provided to the scheme coordinator by suppliers;

(h)the arrangements made by the scheme coordinator during the reporting period for governance and risk management;

(i)the arrangements made by the scheme coordinator during the reporting period for minimising the risk of false claims for the payment of refund amounts;

(j)all incidents of false claims for the payment of refund amounts identified by the scheme coordinator during the reporting period;

(k)all incidents resulting in serious personal injury or property or environmental damage occurring in the course of the collection, handling or transportation of containers in connection with the operation of the scheme identified by the scheme coordinator during the reporting period;

(l)the reasons for any failure of the scheme coordinator to meet a performance target during the reporting period, and strategies for rectifying the failure;

(m)the trends in the kinds of beverage containers supplied in the ACT;

(n)the rate of collection and recycling of containers in the ACT.

Division 4A.6            Acceptance of containers at collection points

24ZCircumstances when refund amount not payable by collection point operator—Act, s 64Y (2) (c)

The Act, section 64Y (1) does not apply if—

(a)the container is—

(i)contaminated with a substance that makes the container—

(A)unsuitable for reuse or recycling; or

(B)a serious risk to health or safety of people at the collection point or a serious risk to the proper operation of the collection point; or

(ii)damaged in a way that prevents—

(A)the refund marking from being read; or

(B)the barcode from being scanned; or

(C)the collection point operator being able to confirm the container is a container; or

(b)the person asks the collection point operator to donate the refund amount to an ACNC registered entity operating in the ACT that is nominated by the operator and the operator makes the donation to the ACNC registered entity within 2 working days after the day the operator accepts the container; or

(c)the collection point operator gives the person a written notice of the refund amount and—

(i)the collection point arrangement for the collection point provides that the network operator will pay the refund amount to the person within 2 working days after the day the collection point operator accepts the container; and

(ii)the network operator pays the refund amount to the person within the 2 working days.

NoteThe defendant has an evidential burden in relation to the matters mentioned in this section (see Criminal Code, s 58).

24ZARefund amounts paid by collection point operators—Act, s 64Y (3)

A collection point operator must pay the refund amount for a container within 2 working days after the operator accepts the container at a collection point.

24ZBDeclaration of number of containers—Act, s 64Z (3) (a)

The number of containers for which a refund amount is claimed at the collection point is—

(a)1 500 in 1 presentation; or

(b)3 000 in 1 or more presentations within a 48-hour period.

24ZCRecords to be kept—Act, s 64Z (4)

The following records are prescribed:

(a)a copy of a proof of identity document of a person presenting a container at a collection point;

(b)the number of containers presented for which refund amounts have been paid by the collection point operator;

(c)the number of claims for refund amounts that have been made to the collection point;

(d)the number of refund declarations requested by and provided to the collection point operator at a collection point;

(e)a copy of each refund declaration made at a collection point.

24ZDRefund declaration—Act, s 64Z (7)

The following information is prescribed:

(a)the name of the person presenting a container to the collection point operator (the claimant);

(b)the claimant’s residential address;

(c)the number of containers for which a refund amount is claimed by the claimant;

(d)the date and time the refund claim is made by the claimant;

(e)a declaration signed by the claimant that, for each presented container—

(i)the claimant has lawfully acquired ownership of the container; and

(ii)the container was acquired in the ACT or in a State in which a corresponding law is in force; and

(iii)the claimant is not aware of any refund amount being previously paid for the container.

Part 5Reporting

1. Waste manager may determine waste categories for waste activities

   (1)The waste manager may determine a category of waste (a waste category) for the purpose of obtaining information about waste activities and reporting on waste activities.

   (2)A determination is a notifiable instrument.

25AWaste activity report information—waste received by waste facility—Act, s 65 (2) (a)

(1)The following information is prescribed for a report by a licensee in relation to waste received at the licensee’s waste facility:

(a)if the licensee’s waste facility received waste from a registered waste transporter—details of each registered waste transporter that delivered waste to the facility, including the registration details of each waste transporter vehicle that delivered waste;

(b)if the facility received waste from an entity other than a registered waste transporter—

(i)the registration details of each entity vehicle that delivered waste to the facility; and

(ii)details of each location where waste was collected by the entity; and

(iii)details of whether the waste was collected from residential premises, business premises or other premises;

(c)the dates on which waste was received at the facility;

(d)the waste categories received at the facility;

(e)the amount of waste in each load received at the facility, expressed as either—

(i)a unit of weight or, if it is not practicable to determine the weight, a unit of volume; or

(ii)the total number of items of a particular waste category.

(2)However, information mentioned in subsection (1) is not prescribed for a report if—

(a)the waste manager has notified the licensee, in writing, that a report need not include the information; or

(b)if the waste manager approves an electronic information system for this section—the licensee gives the waste manager a report including the information required by the system.

25BWaste activity report information—waste collected from waste facility—Act, s 65 (2) (a)

(1)The following information is prescribed for a report by a licensee in relation to waste collected from the licensee’s waste facility:

(a)if a registered waste transporter collected waste from the licensee’s waste facility—details of each registered waste transporter that collected waste from the facility, including the registration details of each waste transporter vehicle that collected waste;

(b)if an entity other than a registered waste transporter collected waste from the licensee’s waste facility—the registration details of each entity vehicle that collected waste from the facility;

(c)the dates on which waste was collected from the facility;

(d)the waste categories collected from the facility;

(e)the amount of waste in each load collected from the facility, expressed as either—

(i)a unit of weight or, if it is not practicable to determine the weight, a unit of volume; or

(ii)the total number of items of a particular waste category;

(f)details of each waste facility or other location where waste collected from the facility was to be transported;

(g)details of whether the waste, or materials in the waste, collected from the facility was to be—

(i)returned to one of the following productive uses:

(A)reuse;

(B)civil construction;

(C)soil improvement, land rehabilitation and mulch;

(D)manufacture of new products similar to those from which the recovered material was derived;

(E)manufacture of products other than products mentioned in sub-subparagraph (D);

(F)fuel; or

(ii)further processed; or

(iii)disposed of.

(2)However, information mentioned in subsection (1) is not prescribed for a report if—

(a)the waste manager has notified the licensee, in writing, that a report need not include the information; or

(b)if the waste manager approves an electronic information system for this section—the licensee gives the waste manager a report including the information required by the system.

25CWaste activity report information—registered waste transporter—Act, s 65 (2) (a)

(1)The following information is prescribed for a report by a registered waste transporter:

(a)details of each waste facility or other location where waste was collected by the transporter;

(b)details of whether the waste was collected from residential premises, business premises or other premises;

(c)the dates on which waste was collected by the transporter;

(d)the waste categories collected by the transporter;

(e)the amount of waste in each load collected by the transporter, expressed as either—

(i)a unit of weight or, if it is not practicable to determine the weight, a unit of volume; or

(ii)the total number of items of a particular waste category;

(f)details of each waste facility or other location where waste collected by the transporter was transported;

(g)details of any additional waste activity to be carried out at the waste facility or other location to which the waste was transported, if known.

(2)However, information mentioned in subsection (1) is not prescribed for a report if—

(a)the waste manager has notified the registered waste transporter, in writing, that a report need not include the information; or

(b)if the waste manager approves an electronic information system for this section—the registered waste transporter gives the waste manager a report including the information required by the system.

1. Reporting period for waste activity report—Act, s 65 (3)

   The period prescribed is each quarter.

   NoteQuarter—see the Legislation Act, dictionary, pt 1.

Part 5ANotification and review of decisions

26AMeaning of reviewable decision—pt 5A

In this part:

reviewable decision means a decision mentioned in schedule 2, column 3 under a provision of this regulation mentioned in column 2 in relation to the decision.

26BReviewable decision notices

If a person makes a reviewable decision, the person must give a reviewable decision notice to each entity mentioned in schedule 2, column 4 in relation to the decision.

Note 1The person must also take reasonable steps to give a reviewable decision notice to any other person whose interests are affected by the decision (see ACT Civil and Administrative Tribunal Act 2008, s 67A).

Note 2The requirements for reviewable decision notices are prescribed under the ACT Civil and Administrative Tribunal Act 2008.

26CApplications for review

The following may apply to the ACAT for a review of a reviewable decision:

(a)an entity mentioned in schedule 2, column 4 in relation to the decision;

(b)any other person whose interests are affected by the decision.

NoteIf a form is approved under the ACT Civil and Administrative Tribunal Act 2008 for the application, the form must be used.

Part 6Miscellaneous

1. Waste quantification

   (1)This section applies if—

   (a)waste must be quantified—

   (i)for a fee payable under the Act; or

   (ii)by the waste manager for the purpose of verifying information in a waste activity report given to the waste manager in accordance with the Act, section 65; and

   (b)records relating to the waste are inadequate for quantifying the waste; and

   (c)the waste manager decides that, because of the inadequate records, quantifying the waste must be based on presumptions or estimates of any of the following:

   (i)whether waste was collected or received at a waste facility;

   (ii)when waste was collected or received;

   (iii)the source of waste that was collected or received;

   (iv)the amount of waste collected or received.

   (2)Without limiting subsection (1) (b), records relating to waste are inadequate if—

   (a)no records exist for the waste; or

   (b)records for the waste are incomplete, inaccurate or inconsistent with other records (whether kept by a waste management business or another entity); or

   (c)information contained in the records for the waste has been obtained in a way that the waste manager considers inappropriate.

   (3)The waste manager may presume the following, unless the contrary is proven by a waste management business:

   (a)waste presently or previously at a waste facility is waste that was received at the facility in the course of business;

   (b)waste was collected by a waste transporter, or received by a waste facility, on the day the waste manager decides that records about collecting or receiving the waste are inadequate.

   (4)The waste manager may estimate the number of tonnes of waste transported by a waste transporter, or received by a waste facility, using any of the following:

   (a)a volumetric survey of the waste carried out by a registered surveyor;

   (b)records of a waste management business;

   (c)information provided by an authorised person who has seen or inspected a place or thing;

   (d)records of entities not involved in the operation of a waste management business;

   (e)any other information available to the waste manager.

   (5)If the waste manager wishes to use information from a volumetric survey of waste at a waste facility, the waste manager may direct the licensee to do any of the following:

   (a)arrange for a registered surveyor to carry out a volumetric survey of specified waste at the facility;

   (b)provide a copy of the surveyor’s report of the survey to the waste manager;

   (c)comply with any other condition reasonably related to carrying out the survey.

   NoteThe waste manager may direct a licensee to comply with a condition of a licence.  A licensee commits an offence if the licensee fails to comply with the direction (see Act, div 13.1).

   (6)If the waste manager needs to rely on a volumetric survey to estimate the number of tonnes of waste collected by a waste transporter or received by a waste facility, the waste manager must either—

   (a)take each 2 cubic metres of waste to weigh 1 tonne of waste; or

   (b)if the waste manager is satisfied that another practicable method estimates the number of tonnes more accurately than a volumetric survey—apply the other method.

   (7)This section applies whether the waste to be quantified was collected by a waste transporter, or received by a waste facility, before, on or after the commencement of this section.

   (8)In this section:

   waste activity report—see the Act, section 65.

2. Certain statutory instruments may incorporate another law or instrument

   (1)This section applies to any of the following statutory instruments:

   (a)a declaration under section 11A (Waste manager may declare that certain material is included in a waste definition—Act, s 64 (2) (a), (c) and (d));

   (b)a declaration under section 11B (Waste manager may declare that certain material is excluded from a waste definition—Act, s 64 (2) (a), (c) and (d));

   (c)a determination under section 25 (Waste manager may determine waste categories for waste activities).

   (2)The statutory instrument may incorporate—

   (a)a law or an Australian Standard, as in force from time to time; or

   (b)another instrument, as in force on the day the statutory instrument is made.

   (3)The statutory instrument may incorporate the law or instrument with or without changes or modifications.

   (4)The Legislation Act, section 47 (5) and (6) do not apply to an instrument incorporated under subsection (2) (an incorporated instrument).

   (5)For an incorporated instrument mentioned in subsection (2) (b), the maker of the statutory instrument must ensure that the version of the instrument that is incorporated is—

   (a)on the ACT legislation register; or

   (b)available for inspection by anyone without charge during ordinary office hours at—

   (i)the office of the maker of the statutory instrument; or

   (ii)another ACT government office decided by the maker; or

   (c)accessible on, or by a link on, an ACT government website.

   (6)An incorporated instrument mentioned in subsection (2) (b) is not enforceable by or against the Territory or anyone else unless it is made accessible in accordance with subsection (5).

   (7)In this section:

   ACT law means an Act or statutory instrument.

   incorporate includes apply or adopt.

   instrument includes a provision of an instrument.

   law means an ACT law or a law of another jurisdiction.

   law of another jurisdiction means an Act or statutory instrument of the Commonwealth, a State or another Territory and includes a provision of an Act or statutory instrument of those jurisdictions.

Schedule 1Waste definitions

(see s 11)

Part 1.1General

1.1Meaning of electronic waste—sch 1

In this schedule:

electronic waste—see the Environment Protection Act 1997, dictionary.

Part 1.2Domestic recyclable waste

column 1

item

column 2

material

1

aluminium cans, aluminium trays and foil

2

cardboard that is not organic waste under s 11A (1) (b)

3

glass bottles and jars

4

liquid paperboard cartons

5

paper that is not organic waste under s 11A (1) (b)

6

rigid plastic bottles and containers with lids removed

7

steel cans

Part 1.3Domestic waste—excluded material

column 1

item

column 2

material

1

batteries

2

commercial waste

3

construction waste

4

dead animals that are not organic waste under s 11A (1) (b)

5

demolition waste

6

electronic waste

7

garden waste that is not organic waste under s 11A (1) (b)

8

hot ashes

9

industrial waste

10

oil not used for cooking or other bodily use

11

paints

12

regulated waste

13

rocks or soil

14

sewage

15

solvents

Schedule 1A       Container deposit scheme

(see s 24B and s 24C)

Part 1A.1Beverages

1A.1Definitions—pt 1A.1

In this part:

cordial means concentrated syrup that—

(a)contains the following ingredients (whether or not it also contains other ingredients):

(i)water;

(ii)a natural or artificial sweetener;

(iii)colouring (whether natural or artificial);

(iv)flavouring; and

(b)is intended to be diluted before consumption.

flavoured milk means milk to which flavouring has been added.

flavouring means any natural or artificial flavouring but does not include sweetener.

milk includes—

(a)any liquid milk product (including any substance in the nature of milk produced from milk concentrate or milk powder); and

(b)any plant-based milk substitute.

registered health tonic means a liquid that—

(a)is included in the Australian Register of Therapeutic Goods under the Therapeutic Goods Act 1989 (Cwlth); and

(b)is supplied with a label or other accompanying document stating—

(i)that the liquid is for medicinal purposes; and

(ii)a recommended maximum dosage.

1A.2Liquids that are not beverages—s 24B

column 1

item

column 2

liquid

1

concentrated fruit or vegetable juice (or a mixture of concentrated fruit and vegetable juices) intended to be diluted before consumption

2

cordial

3

milk (other than flavoured milk)

4

registered health tonic

Part 1A.2Containers

1A.3Definitions—pt 1A.2

In this part:

flavoured milk—see section 1A.1.

glass container means a container made wholly or partly of glass.

spirituous liquor—a beverage is spirituous liquor if the beverage—

(a)is a liqueur, or other alcoholic beverage produced by distillation, or a mixture of both; and

(b)is not mixed with any beverage other than a liqueur or an alcoholic beverage produced by distillation.

wine—a beverage is wine if the beverage—

(a)is produced by fermentation of grapes (whether or not mixed with any other grape product); and

(b)is not mixed with any beverage other than a grape product.

wine-based beverage means a beverage that—

(a)contains a mixture of wine and another beverage that is not a grape product; and

(b)has an alcohol by volume content of less than 10%.

1A.4What is not a container—s 24C

column 1 item	column 2 beverage	column 3 container size
1	all beverages except liquids that are not beverages under s 1A.2	less than 150ml
2	all beverages except liquids that are not beverages under s 1A.2	more than 3L
3	beverage comprising at least 90% fruit or vegetable juice (or a mixture of fruit and vegetable juices)	1L or more
4	flavoured milk	1L or more
5	wine if the container is made of plastic or foil, or both (commonly known as a sachet)	250ml or more
6	wine or spirituous liquor if the container is made of glass	all sizes
7	wine, wine‑based beverage or water if the container is made of— ·    cardboard and plastic ·    cardboard and foil ·    cardboard, plastic and foil (commonly known as a cask or aseptic pack)	1L or more

Schedule 2Reviewable decisions

(see pt 5A)

column 1 item	column 2 section	column 3 decision	column 4 entity
1	24K (1) (b)	refuse to approve network arrangement	applicant
2	24K (3)	approve network arrangement subject to conditions	entity holding approval
3	24L (1)	amend network arrangement approval	entity holding approval
4	24M (4)	suspend or revoke network arrangement approval	entity holding approval
5	24T (1) (b)	refuse to approve collection point arrangement	applicant
6	24T (3)	approve collection point arrangement subject to conditions	entity holding approval
7	24U (1)	amend collection point arrangement approval	entity holding approval
8	24V (4)	suspend or revoke collection point arrangement approval	entity holding approval

Dictionary

(see s 3)

Note 1The Legislation Act contains definitions and other provisions relevant to this regulation.

Note 2For example, the Legislation Act, dict, pt 1, defines the following terms:

·     ACT

·     breach

·     chief health officer

·     chief officer (fire and rescue service)

·     corporation

·     Corporations Act

·     emergency services commissioner

·     entity

·     environment protection authority

·     expire

·     fail

·     financial year

·     may (see s 146)

·     must (see s 146)

·     penalty unit (see s 133)

·     person (see s 160)

·     quarter

·     registered surveyor

·     territory plan

·     the Territory

·     year.

Note 3Terms used in this regulation have the same meaning that they have in the Waste Management and Resource Recovery Act 2016 (see Legislation Act, s 148). For example, the following terms are defined in the Waste Management and Resource Recovery Act 2016, dict:

·     authorised person

·     beverage (see s 64C)

·     collection point (see s 64D)

·     collection point arrangement (see s 64N (1))

·     collection point operator (see s 64B)

·     container (see s 64E)

·     corresponding law (see s 64B)

·     licence

·     licensee

·     material recovery facility operator (see s 64B)

·     network operator (see s 64B)

·     person

·     refund amount (see s 64F)

·     registered

·     register of waste facility licences

·     register of waste transporters

·     registration number (see s 34 (4) (b) (ii))

·     scheme administration agreement (s 64H (1))

·     scheme coordinator (see s 64B)

·     scheme coordinator agreement (see s 64B)

·     waste

·     waste activity (see s 11)

·     waste facility (see s 14)

·     waste manager

·     waste transporter (see s 13).

ABN, for an entity, means the ABN or Australian Business Number for the entity under the A New Tax System (Australian Business Number) Act 1999 (Cwlth).

ACN, for an entity, means the ACN or Australian Company Number for the entity under the Corporations Act.

ACNC registered entity—see the Charitable Collections Act 2003, dictionary.

bulk delivery, of containers, for division 4A.3 (Network operator agreements—Act, s 64N (4))—see section 24N.

catchment area, for division 4A.3 (Network operator agreements—Act, s 64N (4))—see section 24N.

commencement day, for division 4A.3 (Network operator agreements—Act, s 64N (4))—see section 24N.

cordial, for schedule 1A, part 1A.1 (Beverages)—see section 1A.1.

district, for division 4A.3 (Network operator agreements—Act, s 64N (4))—see section 24N.

division, for division 4A.3 (Network operator agreements—Act, s 64N (4))—see section 24N.

domestic recyclable waste, for part 4 (Waste storage, collection etc)—see section 11.

domestic waste, for part 4 (Waste storage, collection etc)—see section 11.

electronic waste, for schedule 1 (Waste definitions)—see the Environment Protection Act 1997, dictionary.

flavoured milk, for schedule 1A, part 1A.1 (Beverages) and part 1A.2 (Containers)—see section 1A.1.

flavouring, for schedule 1A, part 1A.1 (Beverages)—see section 1A.1.

garden waste, for part 4 (Waste storage, collection etc)—see section 11.

glass container, for schedule 1A, part 1A.2 (Containers)—see section 1A.3.

industrial catchment area, for division 4A.3 (Network operator agreements—Act, s 64N (4))—see section 24N.

keep includes cause or allow to be kept.

manufacturer, for part 3 (Waste transporter registration)—see section 8.

milk, for schedule 1A, part 1A.1 (Beverages)—see section 1A.1.

model designation, for part 3 (Waste transporter registration)—see section 8.

occupier, of premises, for part 4 (Waste storage, collection etc)—see section 11C.

organic waste, for part 4 (Waste storage, collection etc)—see section 11.

premises includes the following:

(a)land;

(b)any dwelling, building or structure (whether or not it is fixed to the land);

(c)part of a thing mentioned in paragraph (a) or (b).

registered business name means a business name registered under the Business Names Registration Act 2011 (Cwlth).

registered health tonic, for schedule 1A, part 1A.1 (Beverages)—see section 1A.1.

regulated waste—see the Environment Protection Act 1997, schedule 1, section 1.1A.

residential catchment area, for division 4A.3 (Network operator agreements—Act, s 64N (4))—see section 24N.

reviewable decision, for part 5A (Notification and review of decisions)—see section 26A.

spirituous liquor, for schedule 1A, part 1A.2 (Containers)—see section 1A.3.

Territory privacy principles—see the Information Privacy Act 2014, section 13.

territory waste container, for part 4 (Waste storage, collection etc)—see section 11C.

waste category—see section 25 (1).

waste container, for part 4 (Waste storage, collection etc)—see section 11C.

waste rectification notice, for part 4 (Waste storage, collection etc)—see section 11C.

wine, for schedule 1A, part 1A.2 (Containers)—see section 1A.3.

wine-based beverage, for schedule 1A, part 1A.2 (Containers)—see section 1A.3.

Endnotes

1. About the endnotes

   Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.

   Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.

   Uncommenced amending laws are not included in the republished law.  The details of these laws are underlined in the legislation history.  Uncommenced expiries are underlined in the legislation history and amendment history.

   If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. 

   The endnotes also include a table of earlier republications.

2. Abbreviation key

A = Act	NI = Notifiable instrument
AF = Approved form	o = order
am = amended	om = omitted/repealed
amdt = amendment	ord = ordinance
AR = Assembly resolution	orig = original
ch = chapter	par = paragraph/subparagraph
CN = Commencement notice	pres = present
def = definition	prev = previous
DI = Disallowable instrument	(prev...) = previously
dict = dictionary	pt = part
disallowed = disallowed by the Legislative	r = rule/subrule
Assembly	reloc = relocated
div = division	renum = renumbered
exp = expires/expired	R[X] = Republication No
Gaz = gazette	RI = reissue
hdg = heading	s = section/subsection
IA = Interpretation Act 1967	sch = schedule
ins = inserted/added	sdiv = subdivision
LA = Legislation Act 2001	SL = Subordinate law
LR = legislation register	sub = substituted
LRA = Legislation (Republication) Act 1996	underlining = whole or part not commenced
mod = modified/modification	or to be expired

1. Legislation history

   Waste Management and Resource Recovery Regulation 2017 SL2017-20

   notified LR 14 July 2017
   s 1, s 2 commenced 14 July 2017 (LA s 75 (1))
   remainder commenced 15 July 2017 (s 2)

   as amended by

   Waste Management and Resource Recovery (Container Deposit Scheme) Amendment Regulation 2018 (No 1) SL2018-9

   notified LR 18 June 2018
   s 1, s 2 commenced 18 June 2018 (LA s 75 (1))
   

   remainder commenced 30 June 2018 (s 2 and see Waste Management and Resource Recovery Amendment Act 2017
   , s 2 (1) (as am by A2018-17 s 4) and CN2018-7)

   
   A2017-36

   Waste Management and Resource Recovery Amendment Regulation 2021 (No 1) SL2021-24

   notified LR 22 October 2021
   s 1, s 2 commenced 22 October 2021 (LA s 75 (1))
   remainder commenced 1 November 2021 (s 2)

   Planning (Consequential Amendments) Act 2023 A2023-36 sch 1 pt 1.70

   notified LR 29 September 2023
   s 1, s 2 commenced 29 September 2023 (LA s 75 (1))
   sch 1 pt 1.70 commenced 27 November 2023 (s 2 (1) and see Planning Act 2023 A2023-18, s 2 (2) and CN2023-10)

   Better Regulation Legislation Amendment Act 2025 A2025-13 pt 12

   notified LR 26 May 2025
   s 1, s 2 commenced 26 May 2025 (LA s 75 (1))
   pt 12 commenced 26 November 2025 (s 2 (2) and LA s 79)

2. Amendment history

   Commencement

   s 2om LA s 89 (4)

   Information for licence application—Act, s 19 (2) (b)

   s 6am A2023-36 amdt 1.408; A2025‑13 s 35; pars renum R5 LA

   Information for register of waste facility licences—Act, s 25 (2) (a)

   s 7Ains A2025‑13 s 36

   Register of waste facility licences—public information—Act, s 25 (4) (b)

   s 7Bins A2025‑13 s 36

   Information for registration application—Act, s 31 (2) (b)

   s 9am A2025‑13 s 37; pars renum R5 LA

   Information for register of waste transporters—Act, s 37 (2) (a)

   s 10am A2025‑13 ss 38-41; pars renum R5 LA

   Register of waste transporters—public information—Act, s 37 (4) (b)

   s 10Ains A2025‑13 s 41

   Definitions—pt 4

   div 4.1 hdgins SL2021‑24 s 4

   Waste definitions—pt 4

   s 11sub SL2021‑24 s 4

   def domestic recyclable waste sub SL2021‑24 s 4

   def domestic waste ins SL2021‑24 s 4

   def garden waste ins SL2021‑24 s 4

   def occupier om SL2021‑24 s 4

   def organic waste ins SL2021‑24 s 4

   def territory waste container om SL2021‑24 s 4

   def waste rectification notice om SL2021‑24 s 4

   Waste manager may declare that certain material is included in a waste definition—Act, s 64 (2) (a), (c) and (d)

   s 11Ains SL2021‑24 s 4

   Waste manager may declare that certain material is excluded from a waste definition—Act, s 64 (2) (a), (c) and (d)

   s 11Bins SL2021‑24 s 4

   Other definitions—pt 4

   s 11Cins SL2021‑24 s 4

   def occupier ins SL2021‑24 s 4

   def territory waste container ins SL2021‑24 s 4

   def waste container ins SL2021‑24 s 4

   def waste rectification notice ins SL2021‑24 s 4

   Responsibilities and liabilities of joint occupiers

   s 12reloc and renum as s 24AB

   Disposal of regulated waste at waste facility

   s 13renum and reloc as s 24AC

   Interfering with waste etc at waste facility

   s 14reloc and renum as s 24AF

   Waste transporter must give information about waste disposed at waste facility

   s 15reloc and renum as s 24AH

   Waste escaping from vehicle or equipment

   s 16reloc and renum as s 24AJ

   Waste rectification notice—Act, s 64 (2) (a) and (d)

   s 17reloc and renum as s 24AA

   Responsibilities in dealing with waste

   div 4.2 hdgins SL2021‑24 s 16

   Occupier’s responsibilities

   s 17Ains SL2021‑24 s 16

   Territory waste containers

   s 17Bins SL2021‑24 s 16

   Waste segregation—Act, s 64 (2) (a) and (d)

   s 18am SL2021‑24 ss 17-20

   Failure to keep waste in waste container—Act, s 64 (2) (d)

   s 19am SL2021‑24 s 21

   Unhygienic waste container—Act, s 64 (2) (d)

   s 20am SL2021‑24 s 22

   Waste container not closed—Act, s 64 (2) (d)

   s 22am SL2021‑24 s 23

   Location of waste container—Act, s 64 (2) (d)

   s 23am SL2021‑24 ss 24-26

   Entry to premises—Act, s 64 (2) (e)

   s 24 hdgsub SL2021‑24 s 27

   Waste rectification notices

   div 4.3 hdgins SL2021‑24 s 28

   Waste rectification notice—Act, s 64 (2) (a) and (d)

   s 24AA(prev s 17) am SL2021‑24 s 13, s 14

   reloc and renum as s 24AA SL2021‑24 s 15

   Responsibilities and liabilities of joint occupiers

   s 24AB(prev s 12) reloc and renum as s 24AB SL2021‑24 s 5

   Dealing with waste at waste facilities

   div 4.4 hdgins SL2021‑24 s 28

   Disposal of regulated waste at waste facility

   s 24AC(prev s 13) sub SL2021‑24 s 6

   reloc and renum as s 24AC SL2021‑24 s 7

   Knowingly dispose of regulated waste at waste facility

   s 24ADins SL2021‑24 s 28

   Disposal of waste in contravention of sign on or near waste container at waste facility

   s 24AEins SL2021‑24 s 28

   Interfering with waste etc at waste facility

   s 24AF(prev s 14) sub SL2021‑24 s 8

   reloc and renum as s 24AF SL2021‑24 s 9

   Failure to comply with direction of waste facility operator

   s 24AGins SL2021‑24 s 28

   Waste transporter must give information about waste disposed at waste facility

   s 24AH(prev s 15) sub SL2021‑24 s 10

   reloc and renum as s 24AH SL2021‑24 s 11

   Vehicle-related offences at waste facilities

   s 24AIins SL2021‑24 s 28

   Waste escaping from vehicle or equipment

   s 24AJ(prev s 16) reloc and renum as s 24AJ SL2021‑24 s 12

   Container deposit scheme

   pt 4A hdgins SL2018‑9 s 4

   General

   div 4A.1 hdg         ins SL2018‑9 s 4

   Meaning of corresponding law—Act, s 64B

   s 24Ains SL2018‑9 s 4

   am SL2021‑24 s 29

   Liquids that are not beverages—Act, s 64C, def beverage, par (b)

   s 24Bins SL2018‑9 s 4

   sub SL2021‑24 s 30

   What is not a container—Act, s 64E, def container, par (b)

   s 24Cins SL2018‑9 s 4

   sub SL2021‑24 s 30

   Refund amount—Act, s 64F

   s 24Dins SL2018‑9 s 4

   Refund marking—Act, s 64G

   s 24Eins SL2018‑9 s 4

   Suitability requirements—Act, s 64H (5)

   s 24Fins SL2018‑9 s 4

   Contents of scheme arrangements under scheme coordinator agreement—Act, s 64J (4) (b)

   s 24Gins SL2018‑9 s 4

   am SL2021‑24 s 31; A2023-36 amdt 1.408

   Network arrangements—Act, s 64K (2)

   div 4A.2 hdg         ins SL2018‑9 s 4

   Application for approval of network arrangements

   s 24Hins SL2018‑9 s 4

   Waste manager may request further information

   s 24Iins SL2018‑9 s 4

   Change of information must be provided

   s 24Jins SL2018‑9 s 4

   Decision about application for approval

   s 24Kins SL2018‑9 s 4

   am A2023-36 amdt 1.408

   Amendment of network arrangement approval

   s 24Lins SL2018‑9 s 4

   Suspension or revocation of network arrangement approval

   s 24Mins SL2018‑9 s 4

   Network operator agreements—Act, s 64N (4)

   div 4A.3 hdg         ins SL2018‑9 s 4

   Definitions—div 4A.3

   s 24Nins SL2018‑9 s 4

   def bulk delivery ins SL2018‑9 s 4

   def catchment area ins SL2018‑9 s 4

   def commencement day ins SL2018‑9 s 4

   def district ins SL2018‑9 s 4

   def division ins SL2018‑9 s 4

   def industrial catchment area ins SL2018‑9 s 4

   def residential catchment area ins SL2018‑9 s 4

   Network operator agreements—performance targets—Act, s 64N (4) (a)

   s 24Oins SL2018‑9 s 4

   Network operator agreements—content of collection point arrangements under agreement—Act, s 64N (4) (b)

   s 24Pins SL2018‑9 s 4

   sub SL2021‑24 s 32

   am A2023-36 amdt 1.409, amdt 1.410

   Collection point arrangements—Act, s 64O (2)

   div 4A.4 hdg         ins SL2018‑9 s 4

   Application for approval of collection point arrangements

   s 24Qins SL2018‑9 s 4

   sub SL2021‑24 s 33

   Waste manager may request further information

   s 24Rins SL2018‑9 s 4

   Change of information must be provided

   s 24Sins SL2018‑9 s 4

   Decision about application for approval

   s 24Tins SL2018‑9 s 4

   am SL2021‑24 s 34; A2023-36 amdt 1.410

   Amendment of collection point arrangement approval

   s 24Uins SL2018‑9 s 4

   Suspension or revocation of collection point arrangement approval

   s 24Vins SL2018‑9 s 4

   Scheme compliance

   div 4A.5 hdg         ins SL2018‑9 s 4

   Disposal of containers—Act, s 64L (6) (a) and (b)

   s 24Wins SL2018‑9 s 4

   Prescribed information on register—Act, s 64T (4)

   s 24Xins SL2018‑9 s 4

   Reports by scheme coordinator—Act, s 64U (1) (c)

   s 24Yins SL2018‑9 s 4

   Acceptance of containers at collection points

   div 4A.6 hdg         ins SL2018‑9 s 4

   Circumstances when refund amount not payable by collection point operator—Act, s 64Y (2) (c)

   s 24Zins SL2018‑9 s 4

   am SL2021‑24 s 35; pars renum R3 LA

   Refund amounts paid by collection point operators—Act, s 64Y (3)

   s 24ZAins SL2018‑9 s 4

   Declaration of number of containers—Act, s 64Z (3) (a)

   s 24ZBins SL2018‑9 s 4

   sub SL2021‑24 s 36

   Records to be kept—Act, s 64Z (4)

   s 24ZCins SL2018‑9 s 4

   Refund declaration—Act, s 64Z (7)

   s 24ZDins SL2018‑9 s 4

   Waste manager may determine waste categories for waste activities

   s 25sub SL2021‑24 s 37

   Waste activity report information—waste received by waste facility—Act, s 65 (2) (a)

   s 25Ains SL2021‑24 s 37

   Waste activity report information—waste collected from waste facility—Act, s 65 (2) (a)

   s 25Bins SL2021‑24 s 37

   Waste activity report information—registered waste transporter—Act, s 65 (2) (a)

   s 25Cins SL2021‑24 s 37

   Notification and review of decisions

   pt 5A hdgins SL2018‑9 s 5

   Meaning of reviewable decision—pt 5A

   s 26Ains SL2018‑9 s 5

   Reviewable decision notices

   s 26Bins SL2018‑9 s 5

   Applications for review

   s 26Cins SL2018‑9 s 5

   Certain statutory instruments may incorporate another law or instrument

   s 28ins SL2021‑24 s 38

   Waste definitions

   sch 1sub SL2021‑24 s 39

   Container deposit scheme

   sch 1Ains SL2021‑24 s 39

   Reviewable decisions

   sch 2ins SL2018‑9 s 6

   Dictionary

   dictam SL2018‑9 s 7, s 8; A2025‑13 s 42

   def ACNC registered entity ins SL2018‑9 s 9

   def bulk delivery ins SL2018‑9 s 9

   def catchment area ins SL2018‑9 s 9

   def commencement day ins SL2018‑9 s 9

   def cordial ins SL2021‑24 s 40

   def district ins SL2018‑9 s 9

   def division ins SL2018‑9 s 9

   def domestic waste ins SL2021‑24 s 40

   def electronic waste ins SL2021‑24 s 40

   def flavoured milk ins SL2021‑24 s 40

   def flavouring ins SL2021‑24 s 40

   def garden waste ins SL2021‑24 s 40

   def glass container ins SL2021‑24 s 40

   def industrial catchment area ins SL2018‑9 s 9

   def milk ins SL2021‑24 s 40

   def occupier sub SL2021‑24 s 41

   def organic waste ins SL2021‑24 s 42

   def registered business name ins A2025‑13 s 43

   def registered health tonic ins SL2021‑24 s 42

   def residential catchment area ins SL2018‑9 s 9

   def reviewable decision ins SL2018‑9 s 9

   def spirituous liquor ins SL2021‑24 s 42

   def Territory privacy principles ins SL2018‑9 s 9

   def territory waste container sub SL2021‑24 s 43

   def waste category sub SL2021‑24 s 43

   def waste container ins SL2021‑24 s 44

   def waste rectification notice sub SL2021‑24 s 45

   def wine ins SL2021‑24 s 46

   def wine-based beverage ins SL2021‑24 s 46

1. 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 15 July 2017	15 July 2017– 29 June 2018	not amended	new regulation
R2 30 June 2018	30 June 2018– 31 Oct 2021	SL2018‑9	amendments by SL2018‑9
R3 1 Nov 2021	1 Nov 2021– 26 Nov 2023	SL2021‑24	amendments by SL2021‑24
R4 27 Nov 2023	27 Nov 2023– 25 Nov 2025	A2023‑36	amendments by A2023‑36