Waste Minimisation Regulation 2001 (ACT)

Waste Minimisation Regulation 2001 (repealed)   

SL2001-24

made under the

Waste Minimisation Act 2001

Republication No 7

Effective:  1 July 2017

Republication date: 1 July 2017

As repealed by A2016‑51 s 129 (1)

About this republication

The republished law

This is a republication of the Waste Minimisation Regulation 2001 (repealed), made under the Waste Minimisation Act 2001, including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes).It also includes any commencement, amendment, repeal or expiry affecting this republished law to 1 July 2017. 

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 does not include 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 $150 for an individual and $750 for a corporation (see Legislation Act 2001, s 133).

Waste Minimisation Regulation 2001 (repealed)

made under the

Waste Minimisation Act 2001

Contents

Page

Part 1      Preliminary

1            Name of regulation  2

3            Dictionary  2

4            Notes  2

4AOffences against Act—application of Criminal Code etc 3

Part 2      Garbage collection and disposal

5            Garbage to be kept in container  4

6            Segregation of garbage  4

7           Garbage containers to be kept clean  5

8            Government bins to be kept covered  5

9            Entry to premises for garbage collection  5

Part 3      Miscellaneous

11          Insanitary or unsightly waste  6

12          Disposal of garden waste  7

13          Disposal of regulated waste  7

14          Waste facility—declared uses for Act, s 25 (2)  7

Dictionary9

Endnotes

1            About the endnotes  11

2            Abbreviation key  11

3            Legislation history  12

4            Amendment history  13

5            Earlier republications  14

Waste Minimisation Regulation 2001 (repealed)

made under the

Waste Minimisation Act 2001

Part 1Preliminary

1. Name of regulation

   This regulation is the Waste Minimisation Regulation 2001.

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 in this regulation or in other legislation.

   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.

4AOffences against Act—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 2Garbage collection and disposal

1. Garbage to be kept in container

   (1)The occupier of premises must not keep garbage on the premises if the garbage is not in a suitable container.

   Maximum penalty: 5 penalty units.

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

2. Segregation of garbage

   (1)The Minister may give a written direction about the need to deposit only garbage of a particular kind (for example, recyclable garbage or a particular kind of recyclable garbage) in a government bin, a particular kind of government bin or a particular segment of a government bin.

   NoteAn example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

   (2)A direction under subsection (1) is a notifiable instrument.

   NoteA notifiable instrument must be notified under the Legislation Act.

   (3)The director-general must give additional public notice of a direction under subsection (1).

   Note Public notice means notice on an ACT government website or in a daily newspaper circulating in the ACT (see Legislation Act, dict, pt 1). The requirement in s (3) is in addition to the requirement for notification on the legislation register as a notifiable instrument.

   (4)A person must not put garbage in a government bin, a particular kind of government bin or a particular segment of a government bin in a way that contravenes a direction.

   Maximum penalty: 5 penalty units.

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

3. Garbage containers to be kept clean

   (1)This section applies in relation to a container used for the storage of garbage.

   (2)The occupier of premises where the container is kept must take all reasonable steps to keep the container in a hygienic condition.

   Maximum penalty: 5 penalty units.

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

4. Government bins to be kept covered

   (1)The occupier of premises where a government bin is kept must take all reasonable steps to keep the lid of the bin closed except when garbage is being put in or removed from the bin.

   Maximum penalty: 5 penalty units.

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

5. Entry to premises for garbage collection

   (1)A person who provides a garbage service may enter any premises at any reasonable time for the purpose of providing the service.

   (2)In this section:

   premises does not include any building, part of a building or structure used as living quarters.

Part 3Miscellaneous

1. Insanitary or unsightly waste

   (1)This section applies if an authorised person believes on reasonable grounds that waste is being kept on premises—

   (a)in an insanitary condition; or

   (b)if the waste, or a significant part of the waste, is clearly visible from other premises (including any land to which the public has access)—in an unsightly condition.

   (2)The authorised person may give a written direction to the occupier of the premises where the waste is being kept requiring the occupier—

   (a)if subsection (1) (a) applies—not to keep waste on the premises in an insanitary condition; or

   (b)if subsection (1) (b) applies—not to keep waste on the premises, or a stated part of the premises, in an unsightly condition.

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

   (3)It is sufficient if the direction is addressed to ‘the occupier’ or ‘the householder’.

   (4)The direction—

   (a)takes effect 14 days after the day it is given to the occupier; and

   (b)remains in effect for 1 year unless it is earlier revoked.

   (5)A person must not contravene a direction given to the person.

   Maximum penalty: 10 penalty units.

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

2. Disposal of garden waste

   (1)A person must not put garden waste in a government bin.

   Maximum penalty: 5 penalty units.

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

3. Disposal of regulated waste

   (1)A person must not put regulated waste in a government bin.

   Maximum penalty: 10 penalty units.

   (2)A person must not bury regulated waste on land that is not a waste facility.

   Maximum penalty: 10 penalty units.

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

4. Waste facility—declared uses for Act, s 25 (2)

   (1)The use of premises in accordance with subsection (2) for any of the following purposes is a declared use of the premises:

   (a)the storage of waste;

   (b)the treatment of waste;

   (c)the reprocessing of waste;

   (d)the sorting of waste;

   (e)the disposal of waste;

   (f)the conduct of a landfill operation.

   (2)For subsection (1), the premises must be used—

   (a)by the Territory; or

   (b)in accordance with a licence under the Environment Protection Act 1997; or

   (c)under a written agreement with the Territory.

Dictionary

(see s 3)

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

Note 2In particular, the Legislation Act, dict, pt 1, defines the following terms:

·     contravene

·     the Territory.

container includes a government bin.

garbage—see the Act, section 21.

garbage service—see the Act, section 21.

government bin means a bin provided by the Territory for use in connection with the storage and collection of garbage.

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

keep, in relation to garbage or waste, includes cause or allow to be kept.

occupier, of premises, includes—

(a)a person believed on reasonable grounds to be an occupier of the premises; and

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

premises includes—

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

(b)any part of premises.

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

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

suitable, in relation to a container in which garbage or waste is stored, means suitable for storage of the garbage or waste.

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

   This regulation was originally the Waste Minimisation Regulations 2001.  It was renamed under the Legislation Act 2001.

   Waste Minimisation Regulation 2001 SL2001‑24

   notified 17 July 2001 (Gaz 2001 No S47)

   commenced 17 July 2001 (s 2)

   as amended by

   Statute Law Amendment Act 2002 A2002‑30 pt 3.91

   notified LR 16 September 2002
   s 1, s 2 taken to have commenced 19 May 1997 (LA s 75 (2))

   pt 3.91 commenced 17 September 2002 (s 2 (1))

   Criminal Code Harmonisation Act 2005 A2005-54 sch 1 pt 1.38

   notified LR 27 October 2005
   s 1, s 2 commenced 27 October 2005 (LA s 75 (1))

   sch 1 pt 1.38 commenced 24 November 2005 (s 2)

   Statute Law Amendment Act 2009 A2009-20 sch 3 pt 3.78

   notified LR 1 September 2009
   s 1, s 2 commenced 1 September 2009 (LA s 75 (1))

   sch 3 pt 3.78 commenced 22 September 2009 (s 2)

   Red Tape Reduction Legislation Amendment Act 2015 A2015-33 sch 1 pt 1.73

   notified LR 30 September 2015
   s 1, s 2 commenced 30 September 2015 (LA s 75 (1))
   sch 1 pt 1.73 commenced 14 October 2015 (s 2)

   as repealed by

   Waste Management and Resource Recovery Act 2016 A2016‑51 s 129

   notified LR 24 August 2016
   s 1, s 2 commenced 24 August 2016 (LA s 75 (1))
   s 129 commenced 1 July 2017 (s 2 (2))

2. Amendment history

   Name of regulation

   s 1am R3 LA

   Commencement

   s 2om LA s 89 (4)

   Offences against Act—application of Criminal Code etc

   s 4Ains A2005‑54 amdt 1.253

   Garbage to be kept in container

   s 5sub A2005‑54 amdt 1.254

   Segregation of garbage

   s 6am SL2001‑24 s 15 (1); A2005‑54 amdt 1.255; A2009‑20 amdt 3.225; A2015‑33 amdt 1.256

   Garbage containers to be kept clean

   s 7sub A2005‑54 amdt 1.256

   Government bins to be kept covered

   s 8sub A2005‑54 amdt 1.256

   Hindrance or obstruction of person providing garbage service

   s 10om A2005‑54 amdt 1.257

   Insanitary or unsightly waste

   s 11am A2002‑30 amdt 3.990; A2005‑54 amdt 1.258

   Disposal of garden waste

   s 12sub A2005‑54 amdt 1.259

   Disposal of regulated waste

   s 13sub A2005‑54 amdt 1.259

   Transitional

   s 15exp 12 September 2001 (s 15 (2))

   Dictionary

   dictam A2002‑30 amdt 3.991; A2009‑20 amdt 3.226; A2015‑33 amdt 1.257

3. 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	Amendments to	Republication date
1	not amended	17 July 2001
2	A2002‑30	3 October 2002
3	A2002‑30	2 November 2004
4	A2005‑54	24 November 2005
5	A2009-20	22 September 2009
6	A2015‑33	14 October 2015