General requirements for keeping waste containers at serviced premises
103 General requirements for keeping waste containers at serviced premises
Subject to subsection (2), the occupier of serviced premises must ensure that a waste container supplied for the premises is kept—
if the local government requires the container be kept at a particular place at the premises—at the place; orExamples of ways a local government may require waste containers to be kept at a particular place—
a local law, a resolution of the local government, a development approval for the premises
otherwise—at ground level close to the rear alignment of a building at the premises.
Maximum penalty—20 penalty units.
Subsection (1) does not prevent the occupier of the serviced premises from placing a waste container in a place outside the premises for the collection of general waste from the container if—
the local government has arranged to collect waste from the container at the place; and
the container is in the place for no longer than—
the period, if any, allowed under a local law of the local government; or
is otherwise reasonably appropriate before and after the collection.
Example of a place outside serviced premises—
the kerb adjacent to the serviced premises
If a local government has arranged for the collection of general waste from a waste container at the serviced premises, the occupier of the premises must ensure there is unobstructed access to the container for removal of the waste.Maximum penalty—20 penalty units.
In a proceeding against a person for an offence under subsection (3), it is a defence for the person to prove the contravention was due to circumstances over which the person had no control.
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