Western Australia

Waste Avoidance and Resource Recovery Levy Act 2007

Western Australia

Waste Avoidance and Resource Recovery Levy Act 2007

CONTENTS

1.Short title1

2.Commencement1

Notes

Compilation table2

Provisions that have not come into operation2

Western Australia

Waste Avoidance and Resource Recovery Levy Act 2007

An Act to impose a levy in respect of certain waste.

The Parliament of Western Australia enacts as follows:

1.Short title

This is the Waste Avoidance and Resource Recovery Levy Act 2007 1.

2.Commencement

This Act comes into operation as follows:

(a)sections 1 and 2 — on the day on which this Act receives the Royal Assent 1;

(b)the rest of the Act — on a day fixed by proclamation 1.

[3-6.Have not come into operation 2.]

Notes

1This is a compilation of the Waste Avoidance and Resource Recovery Levy Act 2007 1a. The following table contains information about that Act.

Compilation table

Short title	Number and year	Assent	Commencement
Waste Avoidance and Resource Recovery Levy Act 2007 s. 1 and 2	37 of 2007	21 Dec 2007	21 Dec 2007 (see s. 2(a))

1aOn the date as at which this compilation was prepared, provisions referred to in the following table had not come into operation and were therefore not included in this compilation. For the text of the provisions see the endnotes referred to in the table.

Provisions that have not come into operation

Short title	Number and year	Assent	Commencement
Waste Avoidance and Resource Recovery Levy Act 2007 s. 3-6 2	37 of 2007	21 Dec 2007	To be proclaimed (see s. 2(b))

2On the date as at which this compilation was prepared, the Waste Avoidance and Resource Recovery Levy Act 2007 s. 3-6 had not come into operation. They read as follows:

“

3.Interpretation

In this Act —

“disposal premises” means premises —

(a)which are used for the purpose of receiving waste; and

(b)in respect of which the occupier is required to hold a licence, whether or not such a licence is in force;

“EP Act” means the Environmental Protection Act 1986;

“licence” has the same meaning as in the EP Act;

“Waste Authority” means the Waste Authority established under the Waste Avoidance and Resource Recovery Act 2007.

4.Levy may be prescribed

(1)The Governor may, on the recommendation of the Waste Authority, make regulations under the Waste Avoidance and Resource Recovery Act 2007 prescribing an amount by way of levy that is to be payable in respect of waste received at disposal premises.

(2)The regulations may —

(a)provide that the amount by way of levy is to be payable in all cases, in all cases subject to specified exceptions or in any specified case or class of case; and

(b)prescribe different amounts by way of levy that are payable in respect of different cases or classes of case; and

(c)provide for the levy to be calculated on such basis, and in accordance with such factors, as are specified; and

(d)provide for the reimbursement of administrative costs incurred by the person, organisation or licensee collecting the levy.

(3)Nothing in this section is to be taken as limiting the operation of the Interpretation Act 1984 section 43.

5.Levy imposed

If an amount by way of levy is prescribed in respect of waste received at disposal premises, that levy is imposed in respect of waste received at the disposal premises.

6.Liability to pay levy

The holder of a licence in respect of disposal premises, or in the case of disposal premises in respect of which a licence is not in force, an occupier required under the EP Act to hold such licence in respect of the premises, is liable to pay the amount of any levy imposed in respect of waste received at the disposal premises.

”.