Provision of waste services
50 Provision of waste services
Subject to this Act and the EP Act, a local government may provide, or enter into a contract for the provision on its behalf of, waste services.
A local government does not require a waste collection permit or an EP authorisation to collect or transport local government waste but is otherwise subject to the provisions of the EP Act.
The CEO may, for the purpose of protecting human health or the environment, by written notice require a local government, or 2 or more local governments together, to provide, in relation to local government waste, a waste service of a kind specified in the notice.
The CEO must seek and have regard to the advice of the Waste Authority before issuing a notice under subsection (3).
The notice must be given to each local government required to provide the waste service.
The notice may apply to the whole of a local government district or districts or to a specified portion of a local government district or districts.
Subject to subsection (8) and the EP Act, the local government must comply with the notice.
The local government is not required to provide a waste service for which the local government is required to hold an EP authorisation until the authorisation has been granted, but must use reasonable endeavour to obtain the authorisation as soon as practicable after the notice is issued.
A local government aggrieved by a requirement in a notice given by the CEO under subsection (3) may apply to the State Administrative Tribunal for a review of the requirement.
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