Waste and Resource Recovery Act 2022

The Governor may make regulations for the purposes of this Act.

Without limiting the generality of subsection (1), the Governor may make regulations for, or in respect of, the following:the amount of the prescribed levy, which may include specifying a mechanism, or an amount, by which the amount of the prescribed levy is to increase over a period of time; any matter relating to the classification of classes or types of waste; any requirements for the infrastructure and operation of a landfill facility or resource recovery facility; any requirements for the provision or collection of information relating to waste; the payment from the Account of specified amounts for specified purposes, including a periodical payment; infringement offences and the penalties payable in relation to those offences; all other matters that are required, permitted or necessary to be prescribed or made by regulation under this Act.

The regulations may – provide that a contravention of, or a failure to comply with, any of the regulations is an offence; and in respect of such an offence, provide for the imposition of a fine not exceeding 200 penalty units and, in the case of a continuing offence, a further fine not exceeding 20 penalty units for each day during which the offence continues.

The regulations may apply, adopt or incorporate all or any of the provisions of a code or guidelines published by any organisation or body for the regulation of any matter to which this Act applies and the provisions may be applied, adopted or incorporated as they currently exist, as amended by the regulations, or as amended from time to time.

The regulations may – be of limited or general application; and be made so as to apply differently according to matters, limitations or restrictions, whether as to time, circumstance, location or otherwise, specified in the regulations; and authorise any matter to be determined, applied or regulated by any specified person or entity.

The regulations may exempt a person, class of persons, matter or other thing from the operation of this Act or any specified provision of this Act or the regulations including, but not limited to, a provision requiring the payment of a payable levy amount under this Act.

The regulations may specify – that a person may seek an exemption in accordance with subsection (6) by application; and the form of that application; and the fee payable in relation to such an application.