Dictionary
Schedule 1 Dictionary
section 7
accredited product stewardship scheme see section 87(2).
acid sulfate soil means soil or sediment containing iron sulfides that produces sulphuric acid when exposed to air.
active landfill cell see section 26.
advertising material see section 105.
alternative shopping bag see section 99B(3).
amend, an end of waste approval, for chapter 8, see section 156.
amendment application—
for chapter 4, part 5—see section 102P(1); or
for chapter 8, part 3—see section 173M(1).
applicant, for chapter 4, part 5, division 2, see section 102E.
appropriately qualified—
1 Appropriately qualified, for an entity to whom a power under this Act may be delegated, includes having the qualifications, experience or standing appropriate to exercise the power.
Example of standing—
a person’s classification level in the public service
2 If the power may be subdelegated by a local government, the following are appropriately qualified entities for the subdelegation—
the local government’s mayor;
a standing committee or a chairperson of a standing committee of the local government;
the local government’s chief executive officer;
an employee of the local government, having the qualifications, experience or standing appropriate to exercise the power.
Example of standing for paragraph (d)—
the employee’s classification level in the local government
approval, for chapter 8A, see section 173R(1).
approved form means a form approved by the chief executive under section 270.
approved program see section 86.
AS 4736, for chapter 4, part 3AA, see section 99GB.
AS 5810, for chapter 4, part 3AA, see section 99GB.
authorised person means a person holding office as an authorised person under an appointment under section 183.
bad debt credit, for chapter 3, see section 72K(1).
bad debt credit application, for chapter 3, see section 26.
banned plastic shopping bag see section 99B(1).
banned single-use plastic item, for chapter 4, part 3AA, see section 99GC.
beverage, for chapter 4, part 3B, see section 99L.
beverage product, for chapter 4, part 3B, see section 99N(1).
business associate, of a corporation—
means—
a member or shareholder of the corporation; or
a person who otherwise holds a beneficial interest in the corporation; or
another person whom the chief executive believes is associated with the ownership or management of the corporation or is in a position to control or influence the affairs of the corporation; but
does not include an executive officer of the corporation.
business days does not include a business day that occurs during the period starting on 20 December in a year and ending on 5 January in the following year.
chief executive officer, of a State entity, see section 132.
circular economy see section 9A(3).
circular economy principle see section 9A(1).
commencement, for chapter 15, part 1, see section 272.
commercial and industrial waste means waste that is prescribed under a regulation as commercial and industrial waste.
compliance notice, for chapter 11, see section 248(1).
compostable, for a plastic item, for chapter 4, part 3AA, see section 99GB.
container, for chapter 4, part 3B, see section 99M.
container approval, for a beverage product, for chapter 4, part 3B, see section 99ZN.
container collection agreement see section 99ZA(1).
container recovery agreement see section 99Q.
container refund point see section 99K.
container refund scheme means the container refund scheme established under chapter 4, part 3B.
contaminated land register see the Environmental Protection Act, schedule 4.
controlled waste NEPM means the National Environment Protection (Movement of Controlled Waste between States and Territories) Measure, made by the National Environment Protection Council under the National Environment Protection Council Act 1994 (Cwlth).
conviction includes a finding of guilt or the acceptance of a plea of guilty by a court, whether or not a conviction is recorded.
corresponding jurisdiction means a jurisdiction in which a corresponding law is in force.
corresponding law means a law of another jurisdiction that—
establishes a corresponding scheme; and
is prescribed by regulation for this definition.
corresponding scheme means a scheme established under a law of another jurisdiction that, for that jurisdiction—
regulates the supply of beverages in containers; and
provides for a refund to be paid for the return of empty beverage containers to a particular person or place.
criminal history, of a person, means the person’s criminal history within the meaning of the Criminal Law (Rehabilitation of Offenders) Act 1986.
deliver to includes deposit at.
deposit, waste, at a place, means—
throw, drop or otherwise put the waste at, in or on the place; or
leave the waste at, in or on the place; or
deal with the waste in a way that causes or allows it to fall, blow, wash or otherwise escape onto the place; or
Examples for paragraph (c)—
A person transports waste in a trailer on a road in a way that causes the waste to be blown out of the trailer and onto the road, or leaves waste on private land where it is then washed by rain onto a road.
dispose of the waste to landfill at the place.
disaster, for chapter 3, see section 26.
disaster management waste, for chapter 3, see section 26.
disaster situation, for chapter 3, see section 26.
discounted rate, for the waste levy for residue waste, see section 44(4).
disposal, in relation to waste, see section 8.
disposal ban waste see section 100(4).
disposal order, for chapter 10, see section 231(2).
document, required to be kept under this Act, includes any record or return required to be kept under this Act.
document certification requirement, for chapter 10, see section 234(6).
document production requirement, for chapter 10, see section 234(2).
domestic premises means either—
a single unit private dwelling; or
premises containing 2 or more separate flats, apartments or other dwelling units.
dredge spoil, for chapter 3, see section 26.
due date for payment, of a waste levy amount, for chapter 3, see section 26.
earth means natural materials such as clay, gravel, sand, soil and rock.
eligible company, for chapter 4, part 5, see section 102B.
eligible individual means an individual who—
is not insolvent under administration; and
is not disqualified from managing corporations, under the Corporations Act, part 2D.6; and
does not have a conviction, other than a spent conviction, for an offence against—
this Act; or
a provision of a corresponding law; or
a provision of the Environmental Protection Act relating to a waste management ERA; and
does not have a conviction, other than a spent conviction, for an indictable offence against another law.
end of waste approval, for chapter 8, see section 159(2).
end of waste code, for chapter 8, see section 159(1).
environmental authority means an environmental authority under the Environmental Protection Act.
environmentally significant characteristic means a characteristic mentioned in the controlled waste NEPM, schedule A, list 2.
environmental management register see the Environmental Protection Act, schedule 4.
environmental nuisance see the Environmental Protection Act, section 15.
Environmental Protection Act means—
for chapter 15, part 1—see section 272; or
otherwise—the Environmental Protection Act 1994.
executive officer, of a corporation, means—
if the corporation is the Commonwealth or a State—a chief executive of a department of government or a person who is concerned with, or takes part in, the management of a department of government, whatever the person’s position is called; or
if paragraph (a) does not apply—a person who is—
a member of the governing body of the corporation; or
concerned with, or takes part in, the corporation’s management;
whatever the person’s position is called and whether or not the person is a director of the corporation.
exempt waste see section 26.
exempt waste application, for chapter 3, see section 26.
existing approval, for chapter 15, part 1, see section 272.
existing general approval, for chapter 15, part 1, see section 272.
existing specific approval, for chapter 15, part 1, see section 272.
external review, for a decision, means a review of the decision by QCAT under the QCAT Act.
extraordinary circumstances exemption see section 99ZY(2).
feedstock, for a recycling activity, for chapter 3, see section 26.
final review report see section 22(1).
forfeiture order, for chapter 10, see section 227(1).
former owner, for chapter 10, see section 226(1).
friable asbestos-containing material, for chapter 3, see section 26.
GCM see the Transport Operations (Road Use Management—Vehicle Registration) Regulation 2021, schedule 8.
general littering provision means section 103.
general power, for chapter 10, see section 211(1).
goods means goods that are intended to be used, or are of a kind likely to be used, for personal, domestic or household use or consumption.
GVM see the Transport Operations (Road Use Management) Act 1995, schedule 4.
hazardous contaminant see the Environmental Protection Act, schedule 4.
help requirement, for chapter 10, see section 212(1).
identity card, for chapter 10, see section 181.
illegal dumping of waste provision means section 104.
impact, in relation to a product, means the product’s impact, from the perspective of waste and resource management, throughout the life cycle of the product.
information notice, for a decision, means a notice stating—
the decision; and
the reasons for the decision; and
the review details.
information requirement, for chapter 10, see section 237(3).
infringement notice see the State Penalties Enforcement Act 1999, schedule 2.
internal review application, for chapter 9, see section 175.
internal review decision, for chapter 9, see section 178(1)(b).
land includes—
the airspace above land; and
land that is, or is at any time, covered by waters; and
waters.
lawfully managed and transported, for asbestos or waste containing asbestos, for chapter 3, see section 26.
levyable waste, for chapter 3, see section 26.
levyable waste disposal site see section 26.
levy period, for chapter 3, see section 26.
manufacturer, of a beverage product, see section 99O.
material environmental harm, for chapter 8, see section 156.
material recovery agreement see section 99ZF.
material recovery facility, for chapter 4, part 3B, see section 99ZE.
monitoring system, for chapter 3, see section 62.
motor vehicle see the Transport Operations (Road Use Management) Act 1995, schedule 4.
newspaper means a paper or pamphlet that—
contains—
public news, information or occurrences; or
remarks or observations on public news, information or occurrences; and
is printed for sale or distribution; and
is published periodically or in parts or numbers at intervals of not more than 31 days between the publication of any 2 of the papers, pamphlets, parts or numbers;
but does not include a paper or pamphlet that contains only material that is totally commercial in nature.
non-friable asbestos-containing material, for chapter 3, see section 26.
non-levy zone see section 26.
notice means a written notice.
occupier, of a place, includes a person who exercises or may exercise lawful authority or control in relation to the place, and includes a person apparently in charge of the place.
offence warning, for chapter 10, see section 181.
operator, of a container refund point that is a reverse vending machine, for chapter 4, part 3B, see section 99K.
operator, of a waste facility, means the person who controls, and effectively has responsibility for, the operation of the waste facility, including, for example, according to the circumstances, any of the following—
the State;
a local government;
a public authority;
a corporation;
an individual.
Organisation means the company appointed under chapter 4, part 5 as the Product Responsibility Organisation for the container refund scheme.
original decision, for chapter 9, see section 178(1)(a).
owner, for chapter 10, see section 181.
packaging NEPM means the National Environment Protection (Used Packaging Materials) Measure, made by the National Environment Protection Council under the National Environment Protection Council Act 1994 (Cwlth).
participant, in a product stewardship scheme, means a person who has agreed to participate in the scheme.
passenger declaration, for a vehicle littering or illegal dumping offence, means a statutory declaration, made by a prescribed person for the offence, stating—
that the person was not the person who deposited the waste; and
the name and address of the person who deposited the waste.
personal details requirement, for chapter 10, see section 232(5).
person in control, for chapter 10, see section 181.
place includes premises and a place, including a public place, on land.
Note—
This Act adopts a definition of land that includes waters.
planning entity see section 139.
plastic item, for chapter 4, part 3AA, see section 99GB.
polluter pays principle see section 10(1).
premises includes a building and the land on which the building is situated, and also includes any of the following—
vacant land;
a vacant house;
a building that is for sale or rent and that is clearly signed as being for sale or rent;
a dwelling house or other building under construction.
prescribed person, for a vehicle littering or illegal dumping offence, means—
the person in whose name the vehicle associated with the commission of the offence is registered under a registration Act; or
a person named in a known user declaration or a sold vehicle declaration under the State Penalties Enforcement Act 1999 in relation to the offence.
prescribed provision, for chapter 11, see section 245.
priority product means a product stated to be a priority product under the priority statement as currently in force.
priority statement means the document approved and gazetted as the priority statement under chapter 4, part 2.
priority waste means a category of waste stated to be a priority waste under the priority statement as currently in force.
produce includes manufacture or otherwise provide.
producer, for chapter 4, see section 74A.
product—
means a product that has reached the end of its useful life; and
includes a product that has not been used and any packaging for the product.
product stewardship principle see section 13.
product stewardship scheme see section 83.
progressive capping, for chapter 3, see section 26.
proposed action—
for chapter 4, part 5, division 4—see section 102X(1); or
for chapter 8A—see section 173ZB(1).
proximity principle see section 12.
public place means—
a place, or part of the place—
the public is entitled to use, is open to members of the public or is used by the public, whether or not on payment of money; or
Examples of a place that may be a public place under subparagraph (i)—
a beach, a park, a road
the occupier of which allows, whether or not on payment of money, members of the public to enter; or
Examples of a place that may be a public place under subparagraph (ii)—
a saleyard, a showground
a place that is a public place under another Act.
rate notice, for chapter 3, part 7, see section 73D.
reasonably believes means believes on grounds that are reasonable in the circumstances.
reasonably suspects means suspects on grounds that are reasonable in the circumstances.
recipient, for chapter 12, see section 253(1).
recovery amount, for a quantity of containers, for chapter 4, part 3B, see section 99ZG.
recovery amount protocol, for chapter 4, part 3B, see section 99ZK.
recycling activity includes—
re-using waste resources; and
recycling waste resources to make the same or different products; and
recovering waste resources, including extracting energy from those resources.
recycling efficiency threshold means the percentage of feedstock used for a recycling activity that is not disposed of as landfill as a result of the activity.
refund amount, for chapter 4, part 3B, see section 99K.
refund declaration, for chapter 4, part 3B, see section 99T(2).
refund marking, for chapter 4, part 3B, see section 99K.
registered, for a container, for chapter 4, part 3B, see section 99K.
registered operator, of a vehicle that is a motor vehicle, means the registered operator of the vehicle under the Transport Operations (Road Use Management) Act 1995.
registered resource producer, for an end of waste code, for chapter 8, see section 156.
registration Act see the State Penalties Enforcement Act 1999, schedule 2.
regulated product stewardship scheme see section 85.
regulated waste means waste that is prescribed under a regulation as regulated waste.
relevant payment, for chapter 3, part 7, see section 73D.
relevant waste, for a planning entity, see section 139.
repealed littering provisions means the following repealed provisions of the Environmental Protection Act—
chapter 8, part 3A;
section 474A.
repealed provision, for chapter 15, part 1, see section 272.
repealed waste management policy means the repealed Environmental Protection (Waste Management) Policy 2000.
reporting entity see section 150.
residue waste see section 26.
residue waste discounting application, for chapter 3, see section 44(1).
resource, for chapter 8, see section 155.
resource recovery area see section 72R.
resource user, for chapter 8, see section 155(3).
retailer see section 99C.
reverse vending machine, for chapter 4, part 3B, see section 99K.
review details, for an information notice for a decision, means a statement in the information notice as follows—
that the person given the notice may apply for a review of the decision to which the notice relates under chapter 9, part 1;
about the period or time allowed for making the application for a review;
about how to apply for a review.
road means—
an area of land dedicated to public use as a road; or
an area that is open to or used by the public and is developed for, or has as 1 of its main uses, the driving or riding of motor vehicles; or
a bridge, culvert, ferry, ford, tunnel or viaduct; or
a pedestrian or bicycle path; or
a part of an area, bridge, culvert, ferry, ford, tunnel, viaduct or path mentioned in any of paragraphs (a) to (d).
scheme means the container refund scheme.
scheme invitation see section 78(1).
scheme manager, for a product stewardship scheme, means the entity identified in the scheme as the scheme manager for the scheme.
section 325 small site, for chapter 3, see section 26.
sector of planning entities see section 139(2).
sector of reporting entities see section 150(2).
sector waste, for a sector of planning entities, see section 139(9).
secure delivery provision means section 108.
sell includes supply free of charge for a commercial or promotional purpose.
serious environmental harm, for chapter 8, see section 156.
serious local event, for chapter 3, see section 26.
serious local event waste, for chapter 3, see section 26.
show cause notice—
for chapter 4, part 5, division 4—see section 102X(3); or
for chapter 8A—see section 173ZB(2); or
for chapter 11—see section 246(2).
show cause period—
for chapter 4, part 5, division 4—see section 102X(4)(f); or
for chapter 8A—see section 173ZB(3)(f).
single-use plastic item, for chapter 4, part 3AA, see section 99GB.
small site see section 26.
state entity see section 132.
stockpile, in relation to waste, includes the storage of waste that is a liquid in—
a container; or
a dam, pond or other depression.
technical advisory panel, for chapter 8, part 2, see section 173G.
type, of a container, for chapter 4, part 3B, see section 99N(2).
unlawful delivery provision means section 107.
unsolicited advertising material, for premises, see section 106.
untreated timber means timber that has not been painted or treated with chemical preservatives to protect it against damage from insects, fungus, rot or the weather or other infestations or damage.
user pays principle see section 11(1).
vehicle—
means a vehicle under the Transport Operations (Road Use Management) Act 1995; and
includes a vessel under that Act.
vehicle littering or illegal dumping offence see section 113(2).
vehicle littering or illegal dumping report see section 118(1).
voluntary product stewardship scheme see section 84.
waste see section 8AA.
waste and resource management hierarchy see section 9.
waste and resource management principles see section 4(2)(b).
waste audit, for chapter 12, see section 253(1).
waste data return, for chapter 3, see section 72(1).
waste disposal site see section 8A.
waste facility—
1 A waste facility is a facility for the recycling, reprocessing, treatment, storage, incineration, conversion to energy, sorting, consolidation or disposal (including by disposal to landfill) of waste.
2 However, a waste facility does not include any of the following facilities—
a facility that is lawfully operated for the sole purpose of disposing of waste generated by an environmentally relevant activity carried out under the Environmental Protection Act if—
the waste is or was generated only by, and its generation is or was ancillary to, the operation of the activity; and
the activity is not a waste management ERA; and
the facility is operated by or for the entity carrying out the activity; and
the facility is authorised under the same environmental authority as the activity;
a facility that is lawfully operated for the sole purpose of disposing of waste generated by 1 or more resource activities carried out under the Environmental Protection Act if—
the waste is or was generated only by, and its generation is or was ancillary to, the operation of 1 or more of the resource activities; and
the facility is operated by or for an entity carrying out 1 or more of the resource activities; and
the facility is authorised under the same environmental authority as 1 of the resource activities;
a facility that is lawfully operated for the sole purpose of disposing of waste generated by the processing, handling, storage or transport of materials from a resource activity carried out under the Environmental Protection Act if—
the waste is or was generated only by, and its generation is or was ancillary to, the processing, handling, storage or transport of the materials from the resource activity; and
the facility is operated by or for the entity carrying out the resource activity; and
the facility is authorised under the same environmental authority as the resource activity;
a facility that is lawfully operated for the sole purpose of disposing of waste generated to remediate contaminated land recorded in the environmental management register or contaminated land register if—
the waste was generated by an activity (the initial activity) lawfully carried out on the contaminated land before the initial activity became an environmentally relevant activity under the Environmental Protection Act (the relevant activity); and
from the day the initial activity became the relevant activity, the waste is or was generated by the relevant activity carried out on the contaminated land; and
all of the following apply—
the waste is or was generated only by, and its generation is or was ancillary to, the operation of the initial activity or relevant activity;
the relevant activity is not a resource activity under the Environmental Protection Act or a waste management ERA;
the facility is operated by or for the entity carrying out the relevant activity;
the facility is authorised under the same environmental authority as the relevant activity.
waste levy see section 36.
waste levy amount see section 26.
waste levy instalment agreement, for chapter 3, see section 72B(1).
waste levy zone see section 26.
waste management ERA means any of the following activities to the extent the activity is prescribed under the Environmental Protection Act as an environmentally relevant activity—
metal recovery;
mechanically crushing, milling, grinding, shredding or sorting waste;
mechanically reprocessing waste;
battery recycling;
composting organic material, anaerobically digesting organic material or manufacturing soil conditioner;
waste reprocessing or treatment;
waste storage;
regulated waste transport;
regulated waste treatment;
tyre recycling;
waste disposal;
waste incineration, thermal waste reprocessing or thermal treatment;
operating a waste transfer station or resource recovery facility;
maintaining a decommissioned waste disposal facility.
waste management strategy, for the State, means the State’s waste management strategy under this Act.
waste reduction and recycling plan see section 120.
waste reduction and recycling plan obligation—
for a local government, means the local government’s obligation under section 123; and
for a planning entity, means the planning entity’s obligation under section 141; and
for a State entity, means the State entity’s obligation under section 133.
waste report, for chapter 12, see section 253(1).
weight measurement criteria, for chapter 3, see section 26.
This provision refers to the regulations (a regulation
, prescribed by regulation
, prescribed person
). Made under this Act:
This Act’s bill:Explanatory memorandumSecond reading speech
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