Western Australia: Environmental Protection (Landfill) Levy Act 1998 (WA)

Western Australia Environmental Protection (Landfill) Levy Act 1998 Western Australia Environmental Protection (Landfill) Levy Act 1998 Contents 1. Short title 1 2. Commencement 1 3. Interpretation 1 4. Levy may be prescribed 1 5. Levy imposed 2 6. Levy payable by holder of licence 2 Notes Compilation table 3 Uncommenced provisions table 3 Defined terms Western Australia Environmental Protection (Landfill) Levy Act 1998 An Act to impose a levy in respect of certain waste. 1. Short title This Act may be cited as the Environmental Protection (Landfill) Levy Act 1998. 2. Commencement This Act comes into operation on such day as is fixed by proclamation. 3. Interpretation (1) In this Act — licensed premises means premises in respect of which the occupier is required to hold a licence under Part V of the principal Act and which are used for the purpose of disposing of waste to landfill, whether or not a licence is in force; principal Act means the Environmental Protection Act 1986. (2) Unless the contrary intention appears, words defined in the principal Act have the same meanings in this Act as in that Act. [Section 3 amended: No. 54 of 2003 s. 141.] 4. Levy may be prescribed (1) The Governor may, on the recommendation of the Authority, make regulations under the principal Act prescribing an amount by way of levy that is to be payable in respect of waste received at licensed 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; (b) prescribe different amounts by way of levies that are payable in respect of different cases or classes of case; (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 section 43 of the Interpretation Act 1984. 5. Levy imposed If an amount by way of levy is prescribed in respect of waste received at licensed premises, that levy is imposed in respect of waste received at the licensed premises. 6. Levy payable by holder of licence The holder of a licence in respect of premises is liable to pay the amount of any levy imposed in respect of waste received at the licensed premises. Notes This is a compilation of the Environmental Protection (Landfill) Levy Act 1998 and includes amendments made by other written laws. For provisions that have come into operation, and for information about any reprints, see the compilation table. For provisions that have not yet come into operation see the uncommenced provisions table. Compilation table Short title Number and year Assent Commencement Environmental Protection (Landfill) Levy Act 1998 11 of 1998 30 Apr 1998 1 Jul 1998 (see s. 2 and Gazette 26 Jun 1998 p. 3369) Environmental Protection Amendment Act 2003 s. 141 54 of 2003 20 Oct 2003 19 Nov 2003 (see s. 2 and Gazette 18 Nov 2003 p. 4723) Reprint 1: The Environmental Protection (Landfill) Levy Act 1998 as at 2 Apr 2004 (includes amendments listed above) Uncommenced provisions table To view the text of the uncommenced provisions see Acts as passed on the WA Legislation website. Short title Number and year Assent Commencement Waste Avoidance and Resource Recovery Act 2007 s. 100 36 of 2007 21 Dec 2007 To be proclaimed (see s. 2(b)) Defined terms [This is a list of terms defined and the provisions where they are defined. The list is not part of the law.] Defined term Provision(s) licensed premises 3(1) principal Act 3(1)