Waste and Resource Recovery Act 2022

Waste and Resource Recovery Act 2022

This Act may be cited as the Waste and Resource Recovery Act 2022.

Except as provided by this section, this Act commences on the day on which this Act receives the Royal Assent.

Part 3 and Part 4 commence on a day, or days, to be proclaimed.

In this Act, unless the contrary intention appears – Account means the Waste and Resource Recovery Account established by section 24;Appeal Tribunal means the Tasmanian Civil and Administrative Tribunal established by the Tasmanian Civil and Administrative Tribunal Act 2020; approved means approved by the Secretary; authorised officer means a person who is an authorised officer under section 9;Board means the Tasmanian Waste and Resource Recovery Board established by section 10; independent, in relation to a person in respect of a landfill facility, means that the person – is not employed by the operator of the facility or an owner or occupier of the land on which the facility is situated; and is not part of the management of the operator of the facility or of an owner or occupier of the land on which the facility is situated; and does not have a pecuniary interest in relation to the landfill facility, an owner or occupier of the land on which the facility is situated or the land on which the facility is operated, other than a fee payable to the person for the taking of an action as a surveyor or auditor for the purposes of this Act; and is not a relative of the operator of the facility or an owner or occupier of the land on which the facility is situated; information includes documents, records, recordings, registers, data and electronic communications; landfill facility– see section 4;Local Government Association means the Local Government Association of Tasmania, continued as a body corporate by section 326 of the Local Government Act 1993; operational plan, for a financial year, means the operational plan approved for that year under section 21; operator, in relation to a landfill facility, means a person who is responsible for the operation of the landfill facility; payable levy amount, in relation to a landfill facility, has the meaning it has in section 31(2); person responsible, in relation to a resource recovery facility, means a person who is responsible for the operation of the resource recovery facility; prescribed levy means the levy stated in, or prescribed or calculated for the purposes of, section 29; regulations means regulations made under this Act; resource recovery, in relation to waste, means the lawful – reuse of the waste; or recycling of the waste; or recovery of energy or other resources from the waste; or sorting or preparation of the waste for the purposes of paragraph (a), (b) or (c); resource recovery facility– see section 5;Secretary means Secretary of the Department; statutory authority means an incorporated or unincorporated body which is established, constituted or continued by or under an Act or under the royal prerogative, being a body which, or of which the governing authority, wholly or partly comprises a person or persons appointed by the Governor, a Minister of the Crown or another statutory authority; waste levy return means a waste levy return given in accordance with section 32; waste strategy means a waste strategy approved under section 19(4)(a).

Unless the contrary intention appears, a word or expression used in the Environmental Management and Pollution Control Act 1994 has the same meaning in this Act as it has in that Act.

In this section – approved management method means a management method approved and in effect under regulation 19 of the Environmental Management and Pollution Control (Waste Management) Regulations 2020; land means an area of land that is not covered by water but does not include any buildings or other structures on the area of land; lawfully disposed of means disposed of in accordance with – an approval, permit, licence, or other authorisation, in effect under an Act, other than an approved management method; or an order or notice that is in effect under an Act.

For the purposes of this Act, a landfill facility is a facility, or place, at which waste is lawfully disposed of into, or onto, land.

Despite subsection (2), a facility or place is not a landfill facility if – it is prescribed not to be a landfill facility for the purposes of this Act; or it is a member of a class of facilities or places, the members of which are prescribed not to be landfill facilities for the purposes of this Act.

In this Act, a resource recovery facility is a facility, or place, that is – a facility or place at which resource recovery occurs; or prescribed as a resource recovery facility.

Despite subsection (1), a facility, or place, is not a resource recovery facility if – it is prescribed not to be a resource recovery facility for the purposes of this Act; or it is a member of a class of facilities or places, the members of which are prescribed not to be resource recovery facilities for the purposes of this Act.

The Minister may, by order, declare that certain matter, or a class of matter, is excluded from this Act or from the provisions of this Act that are specified in the order.

The Minister, if he or she considers it practicable to do so in the circumstances, is to consult with the Board and the Secretary before making an order under subsection (1).

If the Minister does not consult with the Board and the Secretary in accordance with subsection (2) in respect of an order, the Minister is to ensure that the Board and the Secretary are notified of the making of the order as soon as practicable after the order has been made.

The provisions of sections 47(3), (3A), (4), (5), (6) and (7) of the Acts Interpretation Act 1931 apply to an order under subsection (1) as if the order were regulations within the meaning of that Act.

The provisions of this Act are in addition to, and do not derogate from, any other law of the State.

The Secretary may delegate any of the Secretary’s powers or functions under this Act other than this power of delegation.

The Board may delegate any of the Board’s powers or functions under this Act other than this power of delegation.

The Secretary is an authorised officer for the purposes of this Act.

The Secretary may appoint as authorised officers for the purposes of this Act – a State Service officer, or State Service employee, who is appointed or employed in the Department; or a class of State Service officers, or State Service employees, who are appointed or employed in the Department.

The Secretary may, with the consent of the Head of Agency of another Agency, appoint as authorised officers for the purposes of this Act – a State Service officer, or State Service employee, who is appointed or employed in that Agency; or a class of State Service officers, or State Service employees, who are appointed or employed in that Agency.

A person appointed as an authorised officer may exercise the powers and perform the functions of an authorised officer in conjunction with State Service employment.

The Secretary may, with the consent of any person, appoint that person, or an employee of that person, as an authorised officer.

A person appointed as an authorised officer is appointed on the terms and conditions that the Secretary determines.

A person appointed as an authorised officer who is a State Service employee or State Service officer is not entitled to remuneration or allowances under this section except – in accordance with terms and conditions determined by the Secretary under subsection (6); or with the approval of the Minister administering the State Service Act 2000.

The Tasmanian Waste and Resource Recovery Board is established.

The Tasmanian Waste and Resource Recovery Board – is a body corporate with perpetual succession; and may sue and be sued in its corporate name.

The Board may use and operate under a name approved, by notice in the Gazette, by the Minister.

The Board consists of not less than 5, and not more than 7, members appointed by the Minister under subsection (2)(a).

The Minister may – appoint a person to be a member of the Board; and appoint a member of the Board, whom the Minister considers to have expertise or experience in public administration, to be the chairperson of the Board.

One of the members appointed by the Minister under subsection (2)(a) is to be a representative of local government nominated by the Local Government Association.

In appointing the members of the Board under subsection (2)(a), the Minister is to ensure that the members – have skill, experience and knowledge in one or more of the following matters:waste management; remote area waste management; resource recovery; industry development; regional development; finance; public sector administration; risk management; corporate governance; a particular function, or vocational interest, that is relevant to the functions of the Board; and are able to make a contribution to the functions of the Board.

Schedule 1 has effect in respect of the members of the Board.

Schedule 2 has effect in respect of the meetings of the Board.