Waste Reduction and Recycling Act 2011

This section applies for deciding, for this part, whether a person has disposed of, or allowed the disposal of, a container to landfill.

A person has allowed a container to be disposed of to landfill if—

the person arranged for the container to be taken to a waste facility for recycling; and

when the person made the arrangement, the person knew, or ought reasonably to have known, the operator of the waste facility was likely to dispose of, or allow the disposal of, the container to landfill; and

the container is disposed of to landfill.

A person has not disposed of, or allowed the disposal of, a container to landfill if—

the person arranged for the container to be taken to a waste facility at which containers of that type can be recycled; and

part of the container can not be recycled at the waste facility; and

that part of the container is disposed of to landfill.