Waste Avoidance and Resource Recovery Regulations 2008

regulations 1 and 2 — on the day on which these regulations are published in the Gazette;

the rest of the regulations — on 1 July 2008.

Subject to subregulation (3), if the CEO proposes to issue a waste collection permit, the CEO must advertise the proposal, inviting any person who wishes to apply for the permit to do so within the period specified in the advertisement.

The advertisement must be published in a newspaper circulating in the local government district in relation to which the waste collection permit is proposed to be issued.

If the CEO is of the opinion that there is an urgent need to issue a waste collection permit in order to remove the risk of harm to human health or the environment, the CEO is not required to comply with subregulation (1) but must invite not less than 3 potential applicants to apply for the permit.

An invitation under subregulation (1) or (3) to apply for a waste collection permit must include the following information, or specify where that information can be found —

the area or premises where the collection of local government waste is required;

the nature of the local government waste to be collected;

the nature of the waste service (including the standard to be achieved);

the required frequency of the waste service.

An application for a waste collection permit must —

be made in the approved manner and form; and

be accompanied by an application fee of $275; and

include an undertaking to provide the required waste service if the permit is issued to the applicant; and

include details of the following —

how the waste will be collected;

how the waste collected will be dealt with;

the proposed mechanisms and amounts of charges for the waste service;

the impact of the proposed waste service on existing waste services to other premises in the local government district;

the extent to which, and the means by which, the applicant proposes to use resources such as plant, equipment and staff that were used by the local government to provide waste services in the local government district;

how the applicant proposes to meet the standards set by the CEO in respect of the waste service and the frequency of the waste service;

any other information relevant to the application that the CEO reasonably requires.

The CEO must decline to deal with an application that does not comply with subregulation (1) and advise the applicant accordingly.

Before issuing a waste collection permit the CEO must, in addition to the consultation required under section 58 of the Act, seek and have regard to any recommendations and advice on the issue of the permit from —

any person that —

pursuant to a contract provides a waste service on behalf of the local government in the district in relation to which the waste collection permit is to be issued; and

will, in the opinion of the CEO, be directly affected by the issue of the waste collection permit;

any public authority that, in the opinion of the CEO, will be directly affected by the issue of the waste collection permit.

If an application complies with subregulation (1), the CEO must, after consultation as required under section 58 of the Act and subregulation (3) —

issue the waste collection permit; or

refuse to issue the waste collection permit.

Subject to section 56(2) of the Act, the CEO is to issue the waste collection permit to the applicant the CEO considers to be the most acceptable having regard to —

the waste strategy, the business plan and the relevant waste plan; and

the ability of the applicant to provide the required waste service; and

the value of, and charges for, the waste service the applicant proposes to provide.

If the CEO refuses to issue a waste collection permit to an applicant, the CEO must give the applicant written notice of the refusal.

In this regulation —

A waste collection permit may be issued or renewed subject to such conditions as the CEO considers necessary or convenient for the purposes of the Act.

Without limiting subregulation (1), the conditions to which a waste collection permit may be subject include the following —

that the permit operates in respect of a specified area;

that the permit holder must collect waste at a specified frequency or at specified dates and times;

that the permit holder must collect all, or specified categories of, waste in a specified manner or in containers of a specified type;

that the permit holder must keep specified records as to the quantity and type of waste collected;

that the permit holder must provide reports to the CEO as to the manner in which waste is collected and the quantity and type of waste collected as requested by the CEO;

that the permit holder must comply with a specified code of practice made by the Waste Authority under section 52 of the Act.

The CEO must not attach a condition that would, in the CEO’s opinion, be seriously at variance with the waste strategy or the current business plan.

The holder of a waste collection permit who contravenes a condition to which the permit is subject (other than a condition to which section 71(2) of the Act applies) commits an offence.

The CEO may amend a waste collection permit by —

removing or varying any condition to which the permit is subject; or

subjecting the permit to a new condition; or

correcting in the permit —

a clerical mistake or unintentional error or omission; or

a figure which has been miscalculated; or

the misdescription of any person, thing, area, property or activity;

making an administrative change to the format of the permit which does not alter the obligations of the permit holder; or

amending the permit in conformity with an exemption conferred under this Act; or

extending the duration of the permit.

A waste collection permit may be amended on application by the holder of the permit or on the initiative of the CEO.

The holder of a waste collection permit may apply to the CEO to renew the permit.

The application must be made before the waste collection permit expires.

Regulation 6 applies, with any necessary changes, to an application under this regulation.

The holder of a waste collection permit may apply to the CEO to surrender the permit.

The CEO may, on an application under subregulation (1), accept the surrender of the permit if the CEO is satisfied that there are alternative arrangements reasonably available to ensure that waste collection in the area in which the permit operates is adequate and consistent with modern practice.

A waste collection permit ceases to have effect from the day on which the CEO accepts the surrender of the permit.

An application for an amendment to a waste collection permit or to surrender a waste collection permit is to —

be made in the approved manner and form; and

be accompanied by a fee of $100; and

be supported by any documents and information required by the CEO.

Before amending, or refusing to accept the surrender of, a waste collection permit the CEO must give the holder of the permit a written notice under this regulation.

The notice must —

state details of the proposed action; and

invite the holder to make representations to the CEO to show why the action should not be taken; and

state the period (at least 28 days after the notice is given to the holder) within which representations may be made.

The representations must be made in writing.

The CEO may take the proposed action —

at any time after the holder of the waste collection permit gives the CEO written notice that the holder does not intend to make any representations or any further representations; or

if such notice is not given, after the end of the period stated in the notice within which representations may be made.

The CEO must consider any representations properly made by the holder of the waste collection permit.

The CEO must give the holder of the waste collection permit written notice —

of any amendment of the permit; or

if the CEO refuses to accept the surrender of the permit.

Without limiting subregulation (7), notice of an amendment can be given in the form of a revised waste collection permit.