Queensland: Waste Reduction and Recycling Act 2011 (Qld)

Waste Reduction and Recycling Act 2011 An Act to encourage the proper use of resources by improving ways of reducing and dealing with waste and to repeal the Environmental Protection (Waste Management) Policy 2000 Chapter 1 Preliminary Part 1 Introduction 1 Short title This Act may be cited as the Waste Reduction and Recycling Act 2011. 2 Commencement (1) The following provisions commence on 1 December 2011— • chapter 3, parts 3, 4 and 7 • sections 63 and 65 • chapters 5, 6, 7 and 8 • chapter 15, part 1 • sections 300 and 301 • chapter 16, parts 1, 2 and 3. (2) Chapter 16, parts 4 to 7 commence on a day to be fixed by proclamation. Part 2 Objects, applicable principles and application of Act 3 Objects of Act The objects of this Act are the following— (a) to promote waste avoidance and reduction, and resource recovery and efficiency actions; (b) to promote and facilitate Queensland's transition to a circular economy; (c) to promote activities across government, business, industry and the community that extend the life cycle of products and materials; (d) to reduce the consumption of natural resources and minimise the disposal of waste by encouraging waste avoidance and the recovery, re-use and recycling of waste; (e) to minimise the overall impact of waste generation and disposal; (f) to ensure a shared responsibility between government, business and industry and the community in waste management and resource recovery; (g) to support and implement national frameworks, objectives and priorities for waste management and resource recovery. 4 Achieving Act's objects (1) If, under this Act, a function or power is conferred on a person, the person must perform the function or exercise the power in a way that best achieves the objects of this Act. (2) Without limiting subsection (1), the achievement of the objects of this Act must if practicable be guided by— (a) the waste and resource management hierarchy; and (b) the following policy principles (the waste and resource management principles)— (i) the circular economy principle; (ii) the polluter pays principle; (iii) the user pays principle; (iv) the proximity principle; (v) the product stewardship principle. 5 Approach to achieving Act's objects The objects of this Act are intended primarily to be achieved through approaches that include the following— (a) preparation, implementation and maintenance of a waste management strategy for the State; (b) providing for the preparation of State, local government and industry strategic waste management plans; (c) price signalling, including through the introduction of a levy on waste delivered to a levyable waste disposal site; (d) providing for reporting requirements for the State, local governments and business and industry; (e) banning particular waste disposal; (f) identifying priority products or priority waste and associated management tools; (g) preparation, implementation and maintenance of a priority statement; (h) providing for product stewardship schemes; (i) waste tracking requirements; (j) making end of waste codes and granting end of waste approvals; (k) prohibiting particular conduct in relation to waste; (l) appointing authorised persons to investigate matters arising under this Act and otherwise to enforce this Act; (m) supporting approaches mentioned in paragraphs (a) to (l) through the making of regulations under this Act. 6 Act binds all persons (1) This Act binds all persons, including the State and, to the extent the legislative power of the Parliament permits, the Commonwealth and the other States. (2) However, the Commonwealth or a State can not be prosecuted for an offence against this Act. Part 3 Interpretation Division 1 Dictionary 7 Definitions The dictionary in schedule 1 defines particular words used in this Act. Division 2 Key concepts and definitions 8 The concept of disposal (1) This Act commonly uses the expression disposal in relation to waste. (2) In practical terms, a primary outcome arising from the implementation of this Act's provisions is intended to be a reduction in the amount of waste that permanently, or at least indefinitely, effectively becomes incorporated into land, commonly referred to as becoming landfill. (3) Accordingly, in this Act, a reference to disposal in relation to waste may ordinarily be taken to mean the depositing of the waste, other than on a temporary or short term basis, into or onto land. (4) Subsection (3) does not limit what disposal may be taken to mean in an appropriate context. 8AA Meaning of waste (1) Waste includes any thing that— (a) is left over, or is an unwanted by-product, from an industrial, commercial, domestic or other activity; or Example— Abandoned or discarded material from an activity is left over, or is an unwanted by-product, from the activity. (b) is surplus to the industrial, commercial, domestic or other activity generating the waste. (2) However, waste does not include— (a) a resource; or Note— See chapter 8. (b) a thing prescribed by regulation not to be waste. (3) Waste can be a gas, liquid, solid or energy, or a combination of any of them. (4) A thing can be waste whether or not it is of value. (5) Despite subsection (2), a thing that is a resource, or is prescribed by regulation not to be waste, becomes waste if the thing— (a) is disposed of at a waste disposal site; or (b) is deposited at a place in a way that— (i) would, if the thing were waste, contravene the general littering provision or the illegal dumping of waste provision; or (ii) if the thing is a resource—is not permitted under an end of waste code or end of waste approval. (6) The Minister may recommend to the Governor in Council the making of a regulation under subsection (2)(b) (a proposed change) only after— (a) carrying out consultation with the public about the proposed change; and (b) considering the following matters— (i) the results of the public consultation about the proposed change; (ii) whether making the proposed change is likely to achieve the objects of this Act; (iii) whether making the proposed change is likely to achieve the object of the Environmental Protection Act; (iv) whether there are other measures that would be more effective in achieving the intended outcome of the proposed change. (7) In this section— end of waste approval see section 159(2). end of waste code see section 159(1). resource see section 155(2). 8A Meaning of waste disposal site (1) A waste disposal site is a waste facility to which both of the following apply— (a) the operator of the facility is required to hold an environmental authority for the disposal of waste at the facility; (b) waste delivered to the facility sometimes includes waste that is subsequently disposed of to landfill at the facility. (2) However, a waste facility is not a waste disposal site only because a type of exempt waste prescribed by regulation for this definition is disposed of to landfill at the facility. 9 Meaning of waste and resource management hierarchy The waste and resource management hierarchy is the following precepts, listed in the preferred order in which waste and resource management options should be considered— (a) AVOID unnecessary resource consumption; (b) REDUCE waste generation and disposal; (c) RE-USE waste resources without further manufacturing; (d) RECYCLE waste resources to make the same or different products; (e) RECOVER waste resources, including the recovery of energy; (f) TREAT waste before disposal, including reducing the hazardous nature of waste; (g) DISPOSE of waste only if there is no viable alternative. 9A Meaning of circular economy principle and circular economy (1) The circular economy principle is the principle that, to promote waste avoidance and minimise the impact of waste on the environment and human health, all products and materials should be kept in the economy for as long as they have value or remain useful. (2) The circular economy principle recognises that— (a) waste generation can be avoided by— (i) manufacturers designing, to the greatest extent practicable, their products and materials to be circular products and materials; and (ii) business and industry adopting new business models that support and incentivise the use of circular products and materials; and (iii) remanufacturing facilities being co-located at, and collaborating with, resource recovery facilities to prevent circular products and materials being disposed of to landfill; and (b) unavoidable waste should be managed in accordance with the precepts of the waste and resource management hierarchy mentioned in section 9(c) to (g); and (c) ecosystems are regenerated by reducing the demand for virgin materials; and (d) the adoption of circular products and materials should be incentivised in ways that increase the value of the products and materials. (3) A circular economy is an economy in which all products and materials are kept for as long as they have value or remain useful. (4) In this section— circular products and materials means products and materials that can be reused, repaired, refurbished, repurposed or remanufactured. remanufacturing facility means a facility operated to carry out an activity relating to the reuse, repair, refurbishment, repurposing or remanufacturing of products or materials. resource recovery facility means a facility operated to carry out an activity relating to the receiving and sorting, dismantling or baling of waste. 10 Meaning of polluter pays principle (1) The polluter pays principle is the principle that all costs associated with the management of waste should be borne by the persons who generated the waste. (2) The costs associated with the management of waste may include the costs of— (a) minimising the amount of waste generated; and (b) containing, treating and disposing of waste; and (c) rectifying environmental harm caused by waste. 11 Meaning of user pays principle (1) The user pays principle is the principle that all costs associated with the use of a resource should be included in the prices of the goods and services (including government services) that result from the use. (2) In deciding what are the costs associated with the use of a resource, an amount received from a government as a subsidy, incentive payment, grant or similar payment, that would otherwise reduce the costs, must be disregarded. 12 Meaning of proximity principle The proximity principle is the principle that waste and recovered resources should be managed as close to the source of generation as possible. 13 Meaning of product stewardship principle (1) The product stewardship principle is the principle that there is a shared responsibility between all persons who are involved in the life cycle of a product for managing the environmental, social and economic impact of the product. (2) The product stewardship principle recognises that different roles and responsibilities may apply at each stage in the life cycle of a product. (3) However, the product stewardship principle does not apply to an entity— (a) in relation to a matter to which the packaging NEPM applies; or (b) if the entity is a signatory to the Australian Packaging Covenant—in relation to a matter to which the covenant applies; or (c) if the entity is a signatory to a national product stewardship arrangement, or a State-based product stewardship scheme approved or accredited under this Act, and is meeting its obligations under the arrangement or scheme—in relation to a matter to which the arrangement or scheme applies. (4) An arrangement mentioned in subsection (3)(c) may be voluntary or mandatory in nature or may include both voluntary and mandatory aspects. Chapter 2 Waste management strategy Part 1 Introduction 14 Waste management strategy (1) This part provides for the making of a waste management strategy for the State to help in achieving the objects of this Act. (2) The waste management strategy is intended as a long-term strategy for— (a) achieving waste avoidance, sustainable consumption, industry investment in innovation and new infrastructure, strategic regional infrastructure planning, and product stewardship; and (b) securing continuous improvement in waste management and resource recovery practices, services and technologies, benchmarked against best available technology; and (c) reducing the climate change impacts of waste management and disposal. 15 What may be included in State's waste management strategy (1) The State's waste management strategy may provide for anything affecting, or that may affect or be affected by, the management of waste. (2) Without limiting subsection (1), the strategy may provide for the following matters— (a) a circular economy; (b) waste avoidance and reduction; (c) product design; (d) consumption; (e) reuse or repair of products and materials; (f) resource efficiency; (g) product stewardship; (h) resource recovery; (i) recycling, including, for example, standards, criteria and specifications for recycled materials and products containing recycled materials; (j) priority products or priority waste; (k) strategic waste management and resource recovery planning; (l) data collection and reporting. Part 2 Draft waste management strategy 16 Preparation of draft strategy (1) The chief executive must prepare a draft of the State's waste management strategy. (2) The chief executive must give public notice when a draft of the waste management strategy has been prepared. (3) The notice must— (a) be published on the department's website and in any other way the chief executive considers appropriate; and (b) state where copies of the draft strategy may be inspected; and (c) invite written submissions from the public on the draft strategy; and (d) state a day by which the written submissions may be given to the chief executive. (4) The period for receiving submissions must be at least 28 days. Part 3 Making of waste management strategy 17 Submissions to be considered when preparing final strategy (1) The chief executive must prepare, and give to the Minister, a final version of the State's waste management strategy. (2) In preparing the final version of the strategy, the chief executive must consider all submissions on the draft strategy given to the chief executive under section 16. 18 Approval of final strategy (1) The final version of the waste management strategy must be approved by the Minister by gazette notice. (2) The waste management strategy comes into effect as the State's waste management strategy on the day the Minister's approval is gazetted or on a later day stated in the gazette notice or in the strategy for that purpose. (3) The gazette notice in which the Minister approves the waste management strategy must include details about where a copy of the strategy may be inspected and obtained. (4) The chief executive must publish the waste management strategy in full on the department's website as soon as practicable after its approval. 19 Minor amendment of waste management strategy (1) A minor amendment of the waste management strategy may be made without complying with the requirements of part 2. (2) In this section— minor amendment, of the waste management strategy, means an amendment of the strategy— (a) to correct a minor error in the strategy; or (b) to make another change that is not a change of substance; or (c) on 1 occasion only, to extend the period for which the strategy is in force for a period of not more than 1 year. Part 4 Review and progress reporting 20 Review of State's waste management strategy (1) The chief executive must, within 5 years after publishing a final review report under section 22(1), conduct a review of the State's waste management strategy. (2) However, reviews may be conducted more frequently as the Minister directs. 21 Preparation of draft review report on waste management strategy (1) As part of the process of reviewing the State's waste management strategy, the chief executive must— (a) prepare a review report in draft form; and (b) give public notice when the draft has been prepared. (2) The notice must— (a) be published on the department's website and in any other way the chief executive considers appropriate; and (b) state where copies of the draft review report may be inspected; and (c) invite written submissions from the public on the draft review report; and (d) state a day by which the written submissions may be given to the chief executive. (3) The period for receiving submissions must be at least 28 days. (4) Without limiting what may be dealt with in a review report, a review report must have regard to goals and targets, however named, included in the waste management strategy. 22 Publication of review report and amending or replacement waste management strategy (1) The chief executive must, within a reasonable time after the period for receiving written submissions on the draft review report has ended, prepare, and publish in full on the department's website, a final report of the review (the final review report). (2) In preparing the final review report, the chief executive must consider all submissions on the draft review report given to the chief executive under section 21. (3) The final review report must outline the findings of the review and may recommend an amendment or replacement of the waste management strategy to implement findings of the review. (4) The chief executive may prepare and give to the Minister, for approval by gazette notice, a final amending or replacement waste management strategy to implement a recommendation mentioned in subsection (3) without having first prepared and consulted on a draft amending or replacement waste management strategy. 23 [Repealed] 24 [Repealed] Chapter 3 Waste levy Part 1 Preliminary 25 Main purpose The main purpose of this chapter is to impose a levy on waste delivered to a levyable waste disposal site, and to allow for an exemption from the levy, or a discounted levy rate, for particular waste. 26 Definitions for chapter In this chapter— active landfill cell means that part of a landfill where waste is currently being disposed of. bad debt credit see section 72K(1). bad debt credit application means an application made under section 72L. disaster see the Disaster Management Act 2003, section 13. disaster management waste means waste generated by or because of a disaster that is or has been the subject of a declaration of a disaster situation under the Disaster Management Act 2003, but only within the limits, if any, declared by the chief executive, by publication on the department's website, for a particular disaster. disaster situation see the Disaster Management Act 2003, schedule. discounted rate, for the waste levy for residue waste, see section 44(4). dredge spoil means natural material that has been removed from a waterway— (a) for the purpose of creating, maintaining or enlarging a channel, basin, port, berth or other similar thing; or (b) to undertake flood mitigation activities in naturally occurring surface waters. due date for payment, of a waste levy amount, means— (a) if an extension of time has been granted under section 72G, 72H or 72I for payment of the waste levy amount—the end of the extension; or (b) if there is a waste levy instalment agreement in place between the chief executive and the operator of a levyable waste disposal site who owes the amount—the day provided for in the agreement; or (c) otherwise—the end of the 28th day of the second month after the end of the levy period for the levyable waste disposal site of the operator who owes the amount. exempt waste means— (a) disaster management waste; or (aa) serious local event waste; or (b) waste approved by the chief executive to be exempt waste for a particular exempt waste application; or (c) 1 of the following types of waste if lawfully managed and transported— (i) waste that is any of the following and is not mixed with other types of waste— (A) non-friable asbestos-containing material; (B) waste that has asbestos-containing material bonded to it; (C) any disposal items used during asbestos removal work including plastic sheeting and disposal tools; (ii) waste containing friable asbestos-containing material that has been removed by the holder of an asbestos removal licence issued under the Work Health and Safety Act 2011 or under another licence or authority that authorises the removal of friable asbestos under a law of another State; or (d) dredge spoil if, for dredge spoil that is acid sulfate soil, the dredge spoil has been treated in accordance with best practice environmental management, within the meaning of the Environmental Protection Act, section 21, for the treatment and management of acid sulfate soils, as stated in a guideline prescribed by regulation; or (e) waste collected by or for the State, a local government or a plantation licensee under the Forestry Act 1959 to remediate the results of a person having done something that may be an offence under section 103 or 104; or (f) other waste— (i) prescribed by regulation to be exempt waste; or (ii) for which there is in force under this chapter a declaration by the chief executive that the waste is exempt waste. exempt waste application see section 28(1). feedstock, for a recycling activity, means the waste or other material that is to be used for the recycling activity. friable asbestos-containing material means material containing asbestos that is in powder form or that can be crumbled, pulverized or reduced to powder by hand when dry. lawfully managed and transported, for asbestos or waste containing asbestos, means managed and transported in compliance with the requirements applying, under the Public Health Act 2005 and any other Act, to its management and transport. levyable waste means waste, other than exempt waste, that is delivered to a levyable waste disposal site. levyable waste disposal site— (a) means a waste disposal site, whether under the ownership or control of the State, a local government or otherwise; but (b) does not include a part of the waste disposal site that is a resource recovery area. levy period, for a levyable waste disposal site, means— (a) for a section 325 small site, until 30 June 2021—either of the following periods— (i) the period starting on 1 July 2019 and ending on 30 June 2020; (ii) the period starting on 1 July 2020 and ending on 30 June 2021; or (b) otherwise—a month. monitoring system see section 62. non-friable asbestos-containing material means any manufactured material or thing that— (a) contains asbestos as part of its design; but (b) does not contain friable asbestos-containing material. non-levy zone means the part of the State outside the waste levy zone. progressive capping means capping of active landfill cells at a waste disposal site on a cell-by-cell basis. residue waste means the waste from a recycling activity that is commonly disposed of to landfill after the recoverable components have been removed from material. Example of residue waste— In metal recycling, the residue waste is the mainly non-metal component that results from recycling products such as motor vehicles, whitegoods, televisions and computers that have reached the end of their useful life. residue waste discounting application see section 44(1). resource recovery area see section 72R. section 325 small site means a small site the operator of which, under section 325, is not required to comply with the requirements of section 61(2) to measure and record waste in compliance with the weight measurement criteria. serious local event— 1 A serious local event is a serious disruption in a community, caused by the impact of an event, that requires a significant coordinated response by a local government and other entities to help the community recover from the disruption. 2 For paragraph 1— (a) a serious disruption is— (i) loss of human life, or illness or injury to humans; or (ii) widespread or severe property loss or damage; or (iii) widespread or severe damage to the environment; and (b) an event is an event under the Disaster Management Act 2003, section 16. serious local event waste— (a) means waste generated by activities in the immediate preparation for, or by or because of, a serious local event— (i) but only within the limits, if any, declared by the chief executive under section 27B, for the serious local event; and (ii) subject to the requirements of section 27A; but (b) does not include waste generated by activities in general preparation for storms that are predicted or are likely to occur in a particular season each year or in anticipation of the next cyclone season. small site means a levyable waste disposal site the operator of which is required to hold an environmental authority for the disposal of 2,000 tonnes or less of waste in a year at the site. waste data return see section 72(1). waste levy see section 36. waste levy amount means an amount of waste levy. waste levy instalment agreement see section 72B(1). waste levy zone means the part of the State made up of the local government areas prescribed by regulation as provided for in this chapter. weight measurement criteria means the weight measurement criteria prescribed by regulation. Part 2 Identifying exempt waste Division 1 Declaring limits for disaster management waste 27 Chief executive may declare limits for disaster management waste (1) The chief executive may, by publication on the department's website, declare limits applying to the status of waste as disaster management waste in relation to a particular disaster. Examples of declared limits— • a declaration that waste is disaster management waste only for a stated period • a declaration that waste is disaster management waste only if it is disposed of at a stated site • a declaration that, after a stated day, waste is disaster management waste only if delivered by stated entities (2) If the chief executive makes a declaration under subsection (1), the chief executive must take all reasonable steps to ensure that persons likely to be directly affected by the declaration are made aware of it, including, for example, by advertising in newspapers, on radio or on television. (3) A declaration made under subsection (1) is not invalid because of a failure to comply with subsection (2). Division 1A Serious local event waste 27A Notifying chief executive that waste is serious local event waste in particular circumstances (1) This section applies if the chief executive officer of a local government reasonably believes— (a) there is or will be a serious local event in the local government's local government area; and (b) an exemption from the levy on types of waste generated as a result of the serious local event and delivered to particular waste disposal sites should be allowed. (2) The chief executive officer must notify the chief executive as soon as practicable of the following matters in relation to waste that has been or will be generated as a result of the serious local event— (a) the type of waste that is to be serious local event waste; (b) the waste disposal sites at which the waste will be disposed of; (c) the period for which the waste is to be serious local event waste. (3) The maximum period for subsection (2)(c) is the period starting 7 days immediately before the serious local event starts or is predicted to start and ending 28 days after the serious local event ends. (4) If the chief executive officer acts under subsection (2), and subject to section 27B, the type of waste stated in the notice is serious local event waste if— (a) waste of that type is delivered to a stated waste disposal site during the stated period; and (b) the site operator of the waste disposal site does not charge for the delivery of the waste to the site. 27B Chief executive may declare limits for serious local event waste (1) The chief executive may, by publication on the department's website, declare limits applying to the status of waste as serious local event waste in relation to a particular serious local event. Examples of declared limits— • a declaration that waste is serious local event waste only for a stated period • a declaration that waste is serious local event waste only if it is disposed of at a stated site • a declaration that, after a stated day, waste is serious local event waste only if delivered by stated entities (2) If the chief executive makes a declaration under subsection (1), the chief executive must take all reasonable steps to ensure that persons likely to be directly affected by the declaration are made aware of it, including, for example, by advertising in newspapers, on radio or on television. (3) A declaration made under subsection (1) is not invalid merely because of a failure to comply with subsection (2). Division 2 Approval of waste as exempt waste 28 Application for approval of waste as exempt waste (1) A person may apply to the chief executive for approval of waste, identified in the application (an exempt waste application), as exempt waste. (2) However, the application may be about only 1 of the following types of waste— (a) waste that has been donated to a charitable recycling entity but that can not practicably be re-used, recycled or sold; (b) waste collected by members of the community during an organised event directed at remediating the results of a person having done something that may be an offence under section 103 or 104; (c) earth contaminated with a hazardous contaminant from land recorded in the environmental management register or contaminated land register; (d) waste to be used at a levyable waste disposal site for a purpose necessary for the operation of the site, including, for example, building infrastructure, temporary or daily covering, progressive capping, batter construction, final capping, profiling and site rehabilitation; (e) biosecurity waste; (f) serious local event waste. (3) Also, if the application is about biosecurity waste, the application may be made only by the chief executive of the department in which the Biosecurity Act 2014 is administered. (3A) In addition, if the application is about serious local event waste, the application may be made only by the chief executive officer of the local government in whose local government area the serious local event waste was generated. (4) The application must— (a) be in the approved form; and (b) be supported by enough information to allow the chief executive to decide the application; and (c) be accompanied by the fee prescribed by regulation. (5) In this section— biosecurity waste means waste made up of matter that is subject to the operation of the Biosecurity Act 2014. charitable recycling entity means an entity that— (a) operates on a not-for-profit basis; and (b) is registered as a charity under the Collections Act 1966; and (c) is a Deductible Gift Recipient for the purposes of laws administered by the Australian Taxation Office of the Commonwealth; and (d) actively and consistently operates a recycling or re-use program for— (i) providing emergency assistance; or (ii) otherwise supporting the charitable purposes of the entity. 29 Chief executive may require additional information or documents (1) Within 28 days after receiving an exempt waste application, the chief executive may, by notice given to the applicant, require the applicant to give the chief executive further reasonable information or documents about the application by a reasonable day stated in the notice. (2) The applicant may, before the stated day, agree with the chief executive about extending the time for providing the further information or documents. (3) The application is taken to be withdrawn if the applicant does not give the chief executive the further information or documents by the stated day or the end of any extension agreed between the chief executive and the applicant. 30 Deciding application (1) The chief executive must decide either to grant or to refuse an exempt waste application within 28 days after the later of the following days— (a) the day the chief executive receives the application; (b) if additional information or documents are requested under section 29—the day the chief executive receives the information or documents. (2) In deciding the application, the chief executive must consider— (a) the objects of this Act; and (b) the information outlined in the application. (3) However, the chief executive must refuse the application in the circumstances prescribed by regulation. (4) A failure to make a decision within the period required is taken to be a decision by the chief executive to refuse the application. 31 Grant of application (1) If the chief executive grants an exempt waste application, the chief executive must, within 5 business days after granting the application, give the applicant notice of the approval stating the following— (a) the application has been granted; (b) the waste that has been approved as exempt waste; (c) the period of the approval; (d) any conditions imposed on the approval. (2) The period of the approval must not be more than 3 years. (3) If the chief executive imposes a condition on the approval that is not the same, or substantially the same, as a condition agreed to or asked for by the applicant, the notice must also include or be accompanied by an information notice for the decision to impose the condition. 32 Refusal of application If the chief executive refuses an exempt waste application, the chief executive must, within 5 business days after refusing the application, give the applicant an information notice for the decision. 33 Amendment of approval by agreement (1) The chief executive may amend an approval of waste as exempt waste by agreement between the chief executive and the holder of the approval. (2) If the holder of the approval asks for the amendment, the request must be accompanied by the fee prescribed by regulation. 34 Cancellation or amendment of approval by chief executive (1) The chief executive may cancel or amend an approval of waste as exempt waste if the chief executive considers there are reasonable grounds to cancel or amend it. (2) Without limiting subsection (1), the grounds for cancelling or amending the approval may include— (a) that the chief executive is satisfied there is a reasonable suspicion that the granting of the approval was based on incorrect information; and (b) that the chief executive is satisfied there is a reasonable suspicion that the approval was granted because of a false or misleading representation or declaration; and (c) that the circumstances relevant to the granting of the approval have changed; and (d) that the approval has not been complied with; and (e) that it is desirable to cancel or amend the approval having regard to the objects of this Act. (3) Before cancelling or amending the approval (the proposed action), the chief executive must give the holder of the approval a notice stating the following— (a) the proposed action; (b) the grounds for taking the proposed action; (c) the facts and circumstances that form the basis for the grounds; (d) when the proposed action is intended to take effect; (e) that the holder may make, within a stated period, written submissions to show why the proposed action should not be taken. (4) The stated period for submissions must not end earlier than 21 days after the holder of the approval is given the notice. (5) The chief executive must consider all submissions made under subsection (3)(e) within the stated period. (6) If the chief executive decides to take the proposed action, the chief executive must, within 10 business days after making the decision, give the holder of the approval an information notice for the decision. (7) The decision takes effect when the holder is given the information notice. Division 3 Declaring waste to be exempt waste 35 Chief executive may declare waste to be exempt waste in exceptional circumstances (1) This section applies if the chief executive is satisfied that exceptional circumstances apply for— (a) particular waste or a type of waste; or (b) the disposal of particular waste or a type of waste. (2) The chief executive may, by publication on the department's website, declare the waste to be exempt waste. (3) The chief executive may declare waste to be exempt waste subject to any limits or conditions included in the declaration of the waste as exempt waste. (4) A declaration of waste as exempt waste has effect subject to any limits or conditions included in the declaration. Part 3 Operation of waste levy 36 Imposition of waste levy The operator of a levyable waste disposal site is liable to pay the State a levy (the waste levy) on all levyable waste that is delivered to the site if— (a) the levyable waste disposal site is in the waste levy zone; or (b) the levyable waste disposal site is in the non-levy zone and the waste was generated outside the non-levy zone. 37 Calculating waste levy amount (1) The rate of the waste levy for each type of waste is the rate prescribed by regulation for that type. (2) The amount of waste levy imposed on waste is calculated in compliance with the requirements prescribed by regulation. 38 Offence to remove waste from levyable waste disposal site in particular circumstances The operator of a levyable waste disposal site must not, for sale or other commercial gain, remove from the site waste for which the waste levy was, or is to be, paid to the State. Maximum penalty—50 penalty units. 39 When residue waste taken to be generated outside the non-levy zone If waste, used as feedstock for a recycling activity, was generated outside the non-levy zone, all of the residue waste generated by the recycling activity is taken, for this chapter, to be generated outside the non-levy zone. 40 Mixing waste generated outside non-levy zone with waste generated in the non-levy zone (1) This section applies if waste generated outside the non-levy zone is mixed with waste generated in the non-levy zone before being delivered to a levyable waste disposal site in the non-levy zone. (2) The chief executive and the person who mixed the waste may agree in writing to a method of working out the waste that is taken to have been generated outside the non-levy zone and the total amount of that waste. Example— Fifty tonnes of waste generated outside the non-levy zone and 3,000 tonnes of waste generated in the non-levy zone are delivered to a resource recovery area in the non-levy zone in a month where they are mixed in a stockpile. Typically, 60% of waste delivered to the resource recovery area is delivered to the levyable waste disposal site. The chief executive and the operator of the relevant site agree that the first 30 tonnes of waste delivered from the resource recovery area to the levyable waste disposal site in the following month is taken to be waste generated outside the non-levy zone. (3) For this chapter— (a) if there is an agreement under subsection (2)—the mixed waste is taken to be generated as decided under the agreement; or (b) otherwise—all the mixed waste is taken to have been generated outside the non-levy zone from the time the waste was mixed. 41 Mixing types of waste that attract different rates of waste levy (1) This section applies if— (a) different types of waste are mixed before being delivered to a levyable waste disposal site; and (b) the different types of waste attract different rates of waste levy. (1A) For subsection (1)(b), the rate of the waste levy for exempt waste is taken to be zero. (2) All of the waste delivered is taken to attract the highest rate of waste levy that applies to any of the types of waste. 42 Mixing types of waste that attract same rate of waste levy (1) This section applies if— (a) different types of waste are mixed before being delivered to a levyable waste disposal site; and (b) the different types of waste attract the same rate of waste levy. (1A) For subsection (1)(b), the rate of the waste levy for exempt waste is taken to be zero. (2) The operator of the site must, for sections 60 and 61, make a reasonable estimate of the amount of each type of waste included in the mixed waste using the information given to the operator under section 53. 43 Regulation identifying waste levy zone (1) A regulation may identify local government areas that make up the waste levy zone. (2) To remove any doubt, it is declared that it is not necessary for the waste levy zone to be made up of only local government areas that are contiguous with other local government areas. Part 4 Discounting waste levy for residue waste 44 Application for discounted rate for waste levy for residue waste (1) A person who conducts a recycling activity prescribed by regulation may apply to the chief executive for approval of a discounted rate for the waste levy for residue waste identified in the application (a residue waste discounting application). (2) The application must— (a) be in the approved form; and (b) be supported by enough information to allow the chief executive to decide the application; and (c) be accompanied by the fee prescribed by regulation. (3) The Minister may recommend to the Governor in Council the making of a regulation under subsection (1) about a particular recycling activity only if the Minister is satisfied that— (a) giving a discount on the waste levy for residue waste from the activity will have a significant impact on the activity becoming established and sustained in Queensland; and (b) the activity optimises the market and material value that can be derived from the waste used as feedstock for the activity. (4) The discounted rate for the waste levy for residue waste is the rate prescribed by regulation. 45 Chief executive may require additional information or documents (1) Within 28 days after receiving a residue waste discounting application, the chief executive may, by notice given to the applicant, require the applicant to give the chief executive further reasonable information or documents about the application by a reasonable day stated in the notice. (2) The applicant may, before the stated day, agree with the chief executive about extending the time for providing the further information or documents. (3) The application is taken to be withdrawn if the applicant does not give the chief executive the further information or documents by the stated day or the end of any extension agreed between the chief executive and the applicant. 46 Deciding application (1) The chief executive must decide either to grant or to refuse a residue waste discounting application within 28 days after the later of the following days— (a) the day the chief executive receives the application; (b) if additional information or documents are requested under section 45—the day the chief executive receives the information or documents. (2) In deciding the application, the chief executive must consider all of the following— (a) the objects of this Act; (b) the information included in the application; (c) any criteria prescribed by regulation; (d) the applicant's history of compliance with this Act and the Environmental Protection Act, including whether the applicant holds any licences, environmental authorities or other approvals for conducting the recycling activity. (3) However, the chief executive must refuse the application in the circumstances prescribed by regulation. (4) A failure to make a decision within the period required is taken to be a decision by the chief executive to refuse the application. 47 Grant of application (1) If the chief executive grants a residue waste discounting application— (a) in addition to any other conditions, the chief executive must impose a condition on the approval either— (i) requiring the applicant to maintain as a minimum a stated recycling efficiency; or (ii) limiting the amount of residue waste that will attract the discount rate in a period, including, for example, as a stated proportion of the amount of waste used as feedstock for the recycling activity in the period; and (b) within 5 business days, the chief executive must give the applicant a notice stating the following— (i) the application has been granted; (ii) the discounted rate for the waste levy for the residue waste identified in the application; (iii) the period of the approval; (iv) any conditions imposed on the approval or prescribed by regulation. (2) The period of the approval must not— (a) be more than 3 years; or (b) end after the residue waste discounting review date. (3) The notice must also include or be accompanied by an information notice for the decision to impose a condition on the approval unless the condition is the same, or substantially the same, as a condition agreed to or asked for by the applicant. (4) In addition to any conditions imposed by the chief executive, the approval is also subject to the conditions prescribed by regulation. (5) In this section— recycling efficiency means a percentage of the feedstock for a recycling activity that is not disposed of as landfill as a result of the activity. residue waste discounting review date means the day, as prescribed by regulation, for the review by the chief executive of the following— (a) the discounted rate for the waste levy for the residue waste; (b) the recycling efficiency threshold for recycling activities; (c) any other matters mentioned in this part as being prescribed by regulation. 48 Refusal of application If the chief executive refuses a residue waste discounting application, the chief executive must, within 5 business days after refusing the application, give the applicant an information notice for the decision. 49 Amendment of approval by agreement (1) The chief executive may amend an approval of a discounted rate for the waste levy for residue waste by agreement between the chief executive and the holder of the approval. (2) If the holder of the approval asks for the amendment, the request must be accompanied by the fee prescribed by regulation. 50 Cancellation or amendment of approval by chief executive (1) The chief executive may cancel or amend an approval of a discounted rate for the waste levy for residue waste if the chief executive considers there are reasonable grounds to cancel or amend it. (2) Without limiting subsection (1), the grounds for cancelling or amending the approval may include— (a) that the chief executive is satisfied there is a reasonable suspicion that the holder of the approval has not implemented strategies or practices to progressively improve the efficiency of the holder's recycling activities during the period of the approval; and (b) that the chief executive is satisfied there is a reasonable suspicion that the approval was granted because of a false or misleading representation or declaration; and (c) that the circumstances relevant to the granting of the approval have changed; and (d) that the conditions of the approval have not been complied with; and (e) that it is desirable to cancel or amend the approval having regard to the objects of this Act. (3) Before cancelling or amending the approval (the proposed action) the chief executive must give the holder of the approval a notice stating the following— (a) the proposed action; (b) the grounds for taking the proposed action; (c) the facts and circumstances that form the basis for the grounds; (d) when the proposed action is intended to take effect; (e) that the holder of the approval may make, within a stated period, written submissions to show why the proposed action should not be taken. (4) The stated period for submissions must not end earlier than 21 days after the holder of the approval is given the notice. (5) The chief executive must consider all submissions made under subsection (3)(e) within the stated period. (6) If the chief executive decides to take the proposed action, the chief executive must, within 10 business days after making the decision, give the holder of the approval an information notice for the decision. (7) The decision takes effect when the holder is given the information notice. 51 Automatic cancellation of approval An approval of a discounted rate for the waste levy for residue waste is automatically cancelled if the business of conducting the recycling activity relevant to the approval ceases to be owned by the entity granted the approval, including, for example, because the ownership of the business is transferred to another entity. Part 5 Obligations relating to waste levy Division 1 Obligations of person delivering waste 52 Persons delivering waste A person is taken to deliver waste for this division if— (a) the person physically delivers the waste; or (b) the person engages or directs another person to physically deliver the waste on behalf of the person. Example— If an employee delivers waste to a levyable waste disposal site on behalf of the employee's employer, the obligations under this division apply to both the employee and the employer. 53 Person delivering waste to waste disposal site to give information (1) This section applies if a person delivers waste to a waste disposal site. (2) The person must give the operator of the waste disposal site the information (the delivery information) that the operator reasonably requires to identify— (a) how much of the waste is exempt waste and how much of it is levyable waste; and (b) for each type of waste required to be measured by the operator under section 59—how much waste there is; and (c) whether the waste was generated in the waste levy zone, the non-levy zone or outside Queensland. Maximum penalty—300 penalty units. (3) Also, the delivery information must be given to the operator at least 24 hours before the waste is delivered if— (a) the waste disposal site is in the non-levy zone; and (b) the waste was generated outside the non-levy zone; and (c) the waste is delivered in a vehicle with a GCM or GVM of more than 4.5 tonnes. (4) However, subsections (2) and (3) do not apply to the person if the person knows the operator already has the delivery information when the information would otherwise be required under subsection (2) or (3). Example— The person delivering the waste is acting on behalf of another person and knows that the other person has already given the delivery information. (5) If the operator of the waste disposal site asks the person to give the operator the delivery information in the approved form, the person must comply with the request unless the person has a reasonable excuse. Maximum penalty—300 penalty units. (6) If a person (the principal) engages or directs another person to deliver waste on behalf of the principal, it is a defence for subsection (2) or (5) for the principal to prove— (a) the principal gave the other person appropriate instructions; and (b) the principal used all reasonable precautions to ensure the other person complied with this section; and (c) the principal could not by the exercise of reasonable diligence have stopped the commission of the offence. (7) Nothing in this section prevents the person from giving delivery information for more than 1 consignment of waste to be delivered to the waste disposal site. 54 Person delivering particular waste to give information (1) This section applies if— (a) a person delivers waste to— (i) a resource recovery and transfer facility in the non-levy zone; or (ii) an entity conducting a recycling activity in the non-levy zone; and (b) the waste was generated outside the non-levy zone; and (c) the person delivers the waste in a vehicle with a GCM or GVM of more than 4.5 tonnes. (2) The person must, at least 24 hours before delivering the waste, give the operator of the resource recovery and transfer facility or entity the information (the delivery information) that the operator or entity reasonably requires to identify— (a) how much of the waste is exempt waste and how much of it is levyable waste; and (b) whether the waste was generated in the waste levy zone or outside Queensland. Maximum penalty—300 penalty units. (3) However, subsection (2) does not apply to the person if the person knows the operator or entity already has the delivery information when it is required under that subsection. Example— The person delivering the waste to a resource recovery and transfer facility is the operator of the facility. (4) If the operator or entity asks the person to give the delivery information to the operator or entity in the approved form, the person must comply with the request unless the person has a reasonable excuse. Maximum penalty—300 penalty units. (5) If a person (the principal) engages or directs another person to deliver waste on behalf of the principal, it is a defence for subsections (2) and (4) for the principal to prove— (a) the principal gave the other person appropriate instructions; and (b) the principal used all reasonable precautions to ensure the other person complied with this section; and (c) the principal could not by the exercise of reasonable diligence have stopped the commission of the offence. (6) Nothing in this section prevents the person from giving delivery information for more than 1 consignment of waste to be delivered to the resource recovery and transfer facility or to the entity. (7) In this section— resource recovery and transfer facility means a facility used for— (a) receiving, sorting, dismantling or baling waste; or (b) storing waste before moving it, from the site where the relevant activity is carried out, for recycling, processing, treatment or disposal. 55 Giving false or misleading information when delivering waste (1) This section applies to a person delivering waste to— (a) a waste disposal site; or (b) a resource recovery and transfer facility in the non-levy zone; or (c) an entity conducting a recycling activity in the non-levy zone. (2) The person must not give the operator or entity information about the waste that the person knows is false or misleading in a material particular. Maximum penalty—300 penalty units. (3) However, subsection (2) does not apply to the person if the person, when giving information in a document— (a) tells the operator or entity, to the best of the person's ability, how the document is false or misleading; and (b) if the person has, or can reasonably obtain, the correct information—gives the correct information. (4) To remove any doubt, it is declared that subsection (2) applies to any information whether or not the person is required to give the information under section 53 or 54. (5) In this section— operator means the operator of the waste disposal site or resource recovery and transfer facility. resource recovery and transfer facility see section 54(7). Division 2 Obligations of operators of waste disposal sites Subdivision 1 Remitting waste levy 56 Remitting waste levy amount to the State (1) After receiving a summary data return from the operator of a levyable waste disposal site under section 72, the chief executive must give the operator an invoice stating the total amount of all waste levy amounts payable to the State by the operator for the levy period to which the return relates. (2) The operator must pay to the chief executive the total amount stated in the invoice by the due date for payment of the amount. (3) If a waste levy amount owing by an operator remains unpaid after its due date for payment, interest is payable on the unpaid amount for each day starting on the day after the due date for payment and ending on the day the amount is actually paid. (4) The interest payable for a day as mentioned in subsection (3) is payable at the same rate as that applying to unpaid tax under the Taxation Administration Act 2001, section 54 and the Taxation Administration Regulation 2012, section 8. (5) Any waste levy amount payable by the operator of a levyable waste disposal site and remaining unpaid after its due date for payment, and any interest payable on the unpaid amount, may be recovered by the chief executive in a court with jurisdiction for the recovery of the amount as a debt payable by the operator to the State. (6) In this section— summary data return see section 72(5). Subdivision 2 Weighbridges 57 Weighbridge required (1) The operator of a waste disposal site in the waste levy zone must ensure a weighbridge is installed at the site from the beginning of the day on— (a) if the operator is required to hold an environmental authority for the disposal of more than 10,000 tonnes of waste in a year at the site—1 July 2019; or (b) if the operator is required to hold an environmental authority for the disposal of more than 5,000 tonnes, but not more than 10,000 tonnes, of waste in a year at the site—1 July 2021; or (c) for any other operator—1 July 2024. Maximum penalty—300 penalty units. (2) If a waste disposal site is in the non-levy zone and receives during the period from 1 July 2019 to 31 December 2019 at least 300 tonnes of levyable waste generated outside the non-levy zone, the operator must ensure a weighbridge is installed at the site by 30 June 2020. Maximum penalty—300 penalty units. (3) From 1 January 2020, if a waste disposal site is in the non-levy zone and receives at least 600 tonnes of levyable waste generated outside the non-levy zone during a year, the operator must ensure a weighbridge is installed at the site by 30 June in the following year. Maximum penalty—300 penalty units. 58 Weighbridge requirements (1) This section applies to the operator of a waste disposal site at which a weighbridge is installed. (2) The operator must ensure that— (a) the installation and operation of the weighbridge complies with the requirements prescribed by regulation for the weighbridge; and (b) the weighbridge is kept in proper working order; and (c) a copy of any record of certification for the weighbridge obtained in complying with the National Measurement Act 1960 (Cwlth) is kept by the operator for 5 years after the certification. Maximum penalty—200 penalty units. (3) If the weighbridge is out of operation, the operator must— (a) bring the weighbridge back into operation in the shortest practicable time; and (b) keep a written record detailing the period for which the weighbridge was out of operation and the reason it was out of operation. Maximum penalty—200 penalty units. (4) Further, if the weighbridge is out of operation for a period of more than 24 hours, the operator must notify the chief executive of the following details within 3 days after the weighbridge first became out of operation, whether or not the weighbridge is still out of operation— (a) the event that resulted in the weighbridge being out of operation; (b) when the weighbridge first became out of operation; (c) whether the weighbridge is still out of operation; (d) if the weighbridge is still out of operation—what actions are being taken to bring the weighbridge back into operation. Maximum penalty—200 penalty units. (5) If the weighbridge is still out of operation when the chief executive is notified under subsection (4), the operator must notify the chief executive of its being brought back into operation within 3 days after it starts operating again. Maximum penalty—200 penalty units. Subdivision 3 Measurement of waste 59 When waste or other material must be measured (1) Waste, or an amount of other mate