Bills and explanatory notes from legislation.qld.gov.au; explanatory and second reading speeches from the Queensland Parliament Record of Proceedings. Links open the official source in a new tab.
This Act may be cited as the Waste Reduction and Recycling Act 2011.
2Commencement
(1)
The following provisions commence on 1 December 2011—
• chapter 3, parts 3, 4 and 7
• sections 63 and 65
• chapters 5, 6, 7 and 8
• chapter 15, part 1
• sections 300 and 301
• chapter 16, parts 1, 2 and 3.
(2)
Chapter 16, parts 4 to 7 commence on a day to be fixed by proclamation.
3Objects of Act
The objects of this Act are the following—
(a)
to promote waste avoidance and reduction, and resource recovery and efficiency actions;
(b)
to promote and facilitate Queensland’s transition to a circular economy;
(c)
to promote activities across government, business, industry and the community that extend the life cycle of products and materials;
(d)
to reduce the consumption of natural resources and minimise the disposal of waste by encouraging waste avoidance and the recovery, re-use and recycling of waste;
(e)
to minimise the overall impact of waste generation and disposal;
(f)
to ensure a shared responsibility between government, business and industry and the community in waste management and resource recovery;
(g)
to support and implement national frameworks, objectives and priorities for waste management and resource recovery.
4Achieving Act’s objects
(1)
If, under this Act, a function or power is conferred on a person, the person must perform the function or exercise the power in a way that best achieves the objects of this Act.
(2)
Without limiting subsection (1), the achievement of the objects of this Act must if practicable be guided by—
(a)
the waste and resource management hierarchy; and
(b)
the following policy principles (the waste and resource management principles)—
(i)
the circular economy principle;
(ii)
the polluter pays principle;
(iii)
the user pays principle;
(iv)
the proximity principle;
(v)
the product stewardship principle.
5Approach to achieving Act’s objects
The objects of this Act are intended primarily to be achieved through approaches that include the following—
(a)
preparation, implementation and maintenance of a waste management strategy for the State;
(b)
providing for the preparation of State, local government and industry strategic waste management plans;
(c)
price signalling, including through the introduction of a levy on waste delivered to a levyable waste disposal site;
(d)
providing for reporting requirements for the State, local governments and business and industry;
(e)
banning particular waste disposal;
(f)
identifying priority products or priority waste and associated management tools;
(g)
preparation, implementation and maintenance of a priority statement;
(h)
providing for product stewardship schemes;
(i)
waste tracking requirements;
(j)
making end of waste codes and granting end of waste approvals;
(k)
prohibiting particular conduct in relation to waste;
(l)
appointing authorised persons to investigate matters arising under this Act and otherwise to enforce this Act;
(m)
supporting approaches mentioned in paragraphs (a) to (l) through the making of regulations under this Act.
6Act binds all persons
(1)
This Act binds all persons, including the State and, to the extent the legislative power of the Parliament permits, the Commonwealth and the other States.
(2)
However, the Commonwealth or a State can not be prosecuted for an offence against this Act.
7Definitions
The dictionary in schedule 1 defines particular words used in this Act.
8The concept of disposal
(1)
This Act commonly uses the expression disposal in relation to waste.
(2)
In practical terms, a primary outcome arising from the implementation of this Act’s provisions is intended to be a reduction in the amount of waste that permanently, or at least indefinitely, effectively becomes incorporated into land, commonly referred to as becoming landfill.
(3)
Accordingly, in this Act, a reference to disposal in relation to waste may ordinarily be taken to mean the depositing of the waste, other than on a temporary or short term basis, into or onto land.
(4)
Subsection (3) does not limit what disposal may be taken to mean in an appropriate context.
8AAMeaning of waste
(1)
Waste includes any thing that—
(a)
is left over, or is an unwanted by-product, from an industrial, commercial, domestic or other activity; or
Example—
Abandoned or discarded material from an activity is left over, or is an unwanted by-product, from the activity.
(b)
is surplus to the industrial, commercial, domestic or other activity generating the waste.
(2)
However, waste does not include—
(a)
a resource; or
Note—
See chapter 8.
(b)
a thing prescribed by regulation not to be waste.
(3)
Waste can be a gas, liquid, solid or energy, or a combination of any of them.
(4)
A thing can be waste whether or not it is of value.
(5)
Despite subsection (2), a thing that is a resource, or is prescribed by regulation not to be waste, becomes waste if the thing—
(a)
is disposed of at a waste disposal site; or
(b)
is deposited at a place in a way that—
(i)
would, if the thing were waste, contravene the general littering provision or the illegal dumping of waste provision; or
(ii)
if the thing is a resource—is not permitted under an end of waste code or end of waste approval.
(6)
The Minister may recommend to the Governor in Council the making of a regulation under subsection (2)(b) (a proposed change) only after—
(a)
carrying out consultation with the public about the proposed change; and
(b)
considering the following matters—
(i)
the results of the public consultation about the proposed change;
(ii)
whether making the proposed change is likely to achieve the objects of this Act;
(iii)
whether making the proposed change is likely to achieve the object of the Environmental Protection Act;
(iv)
whether there are other measures that would be more effective in achieving the intended outcome of the proposed change.
(7)
In this section—
end of waste approval see section 159(2).
end of waste code see section 159(1).
resource see section 155(2).
8AMeaning of waste disposal site
(1)
A waste disposal site is a waste facility to which both of the following apply—
(a)
the operator of the facility is required to hold an environmental authority for the disposal of waste at the facility;
(b)
waste delivered to the facility sometimes includes waste that is subsequently disposed of to landfill at the facility.
(2)
However, a waste facility is not a waste disposal site only because a type of exempt waste prescribed by regulation for this definition is disposed of to landfill at the facility.
9Meaning of waste and resource management hierarchy
The waste and resource management hierarchy is the following precepts, listed in the preferred order in which waste and resource management options should be considered—
(a)
AVOID unnecessary resource consumption;
(b)
REDUCE waste generation and disposal;
(c)
RE-USE waste resources without further manufacturing;
(d)
RECYCLE waste resources to make the same or different products;
(e)
RECOVER waste resources, including the recovery of energy;
(f)
TREAT waste before disposal, including reducing the hazardous nature of waste;
(g)
DISPOSE of waste only if there is no viable alternative.
9AMeaning of circular economy principle and circular economy
(1)
The circular economy principle is the principle that, to promote waste avoidance and minimise the impact of waste on the environment and human health, all products and materials should be kept in the economy for as long as they have value or remain useful.
(2)
The circular economy principle recognises that—
(a)
waste generation can be avoided by—
(i)
manufacturers designing, to the greatest extent practicable, their products and materials to be circular products and materials; and
(ii)
business and industry adopting new business models that support and incentivise the use of circular products and materials; and
(iii)
remanufacturing facilities being co-located at, and collaborating with, resource recovery facilities to prevent circular products and materials being disposed of to landfill; and
(b)
unavoidable waste should be managed in accordance with the precepts of the waste and resource management hierarchy mentioned in section 9(c) to (g); and
(c)
ecosystems are regenerated by reducing the demand for virgin materials; and
(d)
the adoption of circular products and materials should be incentivised in ways that increase the value of the products and materials.
(3)
A circular economy is an economy in which all products and materials are kept for as long as they have value or remain useful.
(4)
In this section—
circular products and materials means products and materials that can be reused, repaired, refurbished, repurposed or remanufactured.
remanufacturing facility means a facility operated to carry out an activity relating to the reuse, repair, refurbishment, repurposing or remanufacturing of products or materials.
resource recovery facility means a facility operated to carry out an activity relating to the receiving and sorting, dismantling or baling of waste.
