Waste and Resource Recovery Act 2022

The Minister may, by notice published in the Gazette, issue standards in relation to the operation of landfill facilities and resource recovery facilities for the purposes of this Act, including standards in relation to the stockpiling of waste at such facilities.

The Minister may – amend the standards issued under subsection (1); or revoke the standards issued under subsection (1) and substitute new standards in accordance with that subsection.

Before taking action under this section, the Minister – is to consult with the Secretary and the Director in respect of the proposed standards; and may consult with any person he or she considers appropriate.

The standards, or an amendment to the standards – must specify the day on which the standards are, or the amendment is, to take effect; and may be made so as to apply differently according to such factors as are specified in the standards; and may adopt, either wholly or in part and with or without modification, either specifically or by reference, any standards, rules, codes, guidelines or other documents.

A standard, rule, code, guideline or other document, adopted under subsection (4)(c) may be adopted – as in force at the time of the adoption; or as amended from time to time after it is adopted.

The Minister is to ensure that the standards, as in force, are published on the website of the Department and made available to the public in any other manner that the Minister considers appropriate.

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