Waste Reduction and Recycling Act 2011

This section applies if, in contravention of a local government’s waste reduction and recycling plan obligation, the local government does not have in place a waste reduction and recycling plan addressing an aspect of waste reduction and recycling relevant to the local government.

The chief executive may prepare a waste reduction and recycling plan for the local government to address the aspect.

Before preparing the plan, the chief executive must give notice to the local government stating the following—

the chief executive’s intention to prepare the plan;

the reasons why it is necessary for the plan to be prepared;

that the local government may make a written submission to the chief executive about the chief executive’s intention to prepare the plan;

that the submission must be received by the chief executive within 28 days after the local government receives the notice (the submission period).

The local government’s written submission may include details of actions the local government intends to take to ensure it complies with its waste reduction and recycling plan obligation.

If after the submission period ends, and the consideration of any submissions, the chief executive still proposes to prepare the plan, the chief executive must give the local government an information notice for the chief executive’s decision to prepare the plan.

The chief executive must prepare and adopt the plan, to the greatest practicable extent, as if it were the local government.

The plan, as prepared and adopted by the chief executive, has effect as, and may be taken to be, a waste reduction and recycling plan prepared and adopted by the local government, and must be implemented by the local government in accordance with its terms.

The local government must reimburse the chief executive for all costs, charges and expenses reasonably incurred by the chief executive in acting under this section.

An amount owing under subsection (8) may be recovered by the chief executive from the local government as a debt payable by the local government to the State, and may at the chief executive’s discretion be retained from any amount otherwise payable by the State to the local government for any reason.